You agree to be bound by the following Terms of Use in respect of your use of our website(s) which is/are designed to present to you the user a select of domestic energy supply quotations, based on information you enter into our website(s) and whereby you can complete a switch application using our backend software validation and data transfer processes (the "Services").
You herein acknowledge that you understand that this website is owned, operated and maintained by Gocompare.com Limited registration number 5799376, registered office: Imperial House, Imperial Way, Newport, NP10 8UH ("we"," us" or "our") and that we are the party that will collect, store and transfer your information to the supplier of your choosing in order to facilitate your energy switch application.
We agree to provide you the user ("you", "your" or "user") with access to our website(s) subject to you complying with the terms and conditions as defined hereafter (this "Terms of Use").
Please note this Terms of Use, together with our Privacy Policy and Cookie Policy, shall govern your use of our website(s) and our requirement to process your data in compliance of UK Data Protection Law(s).
Please note that where you are an individual acting on behalf of a third party, the third party shall be deemed to be "you" and such third party shall be deemed to be bound by the Terms of Use as if they were the one using our website(s).
You confirm by using our website to obtain a domestic supply quotation that you have the requisite authority to use the information provided to generate a supply quotation and thereafter complete a supply application. You agree that you or third party you represent will be responsible to us for any breach of this Terms of Use and or breach of our Privacy Policy.
You are allowed to use our website(s) solely for the purpose of obtaining domestic energy supply quotations and for completing a supply application on behalf of yourself or that of a third party subject to appropriate consent. All other uses of the Software Application are prohibited.
Your use of the Software Application does not give you the right to, and you undertake not to try and: (i) resell, lease, License, rent, use, assign, display, disclose, distribute, amend, extract or make or try to make any commercial use of our website(s) in whole or in part for any purpose not expressly permitted in this Terms of Use; (ii) copy, modify, adapt, translate, reverse engineer, recompile, decompile, disassemble, convert into human readable form or create derivative works from any part of our website(s) including use of or directly viewing the underlying HTML or other source code; (iii) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any part of website(s) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (iv) the collection and use of any service or product listings or descriptions; (v) making derivative uses of the software used on our website(s); (vi) misuse our website(s) by using any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on our website(s) or to collect any information from embedding code on our website(s); (vii) attempt to gain unauthorised access to protected areas of our website(s) such as admin areas or to the servers on which the source code is stored or any server computer or database connected to our website(s); (viii) do anything which may damage our reputation; (ix) attempt to obtain, or assist third parties in obtaining, access to our software code; (x) use our website(s) or our software, wholly or in part, except as expressly agreed in writing with us; or (xi) use our website(s) for any purpose contrary to any law or regulation or any regulatory code or any written instruction or guideline from us.
We may change at any time, and from time to time, the content, format or any nature of our websites and our Services without requiring any consent from you the user whatsoever.
We do not grant you any right or license to any Intellectual Property Rights (as defined below), or proprietary right of ours or any third party.
You are not permitted to use any Meta tags or any other "hidden text" to trace or analyse the activity in relation to our website(s).
If you breach any provision of this Terms of Use or make or permit any unauthorized use of our Software Application that is either misleading, brings our name into disrupt or breaches any law then we reserve the right to have all violators prosecuted to the fullest extent of the law.
Any energy broker or agent who uses this Software Application in order to provide a service to its own customers shall only be permitted to do so subject to that energy broker or agent having an appropriate software licence provided by us that defines their usage rights. Any energy broker or agent using our website without a licence or our written consent will be considered to be in breach of this Terms of Use.
For the purposes of this Terms of Use "Intellectual Property Rights" shall be interpreted to mean all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including patents, copyrights, rights in the nature of copyright, trade secrets, trademarks, trade names, service marks, proprietary methods, procedures and processes, know how, confidential information, trade secrets, business names and domain names, design rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
You acknowledge that (i) all Intellectual Property Rights in the software used to provide the Services are the property of ours or our licensors, as the case may be; and (ii) the user shall have no rights in, or to, the software or the Services provide other than the right to use our established website(s) for the purpose of obtaining a domestic energy supply quotation and to progress a supply application for themselves or a third party with appropriate authority, subject to you not being an energy broker or an energy broker agent using our website for reference purposes.
You shall not remove, copy, amend or move any logos, trademarks, wording or images that appear on our website(s).
You acknowledge that reference in any element of the software to trade names or proprietary products where no specific acknowledgement of such names or products are stated as being protected by copyright does not imply that such names or products may be regarded by you as free for general use
Except as provided by an expressed term of this Terms of Use, none of the software code or Intellectual Property Rights subsisting therein (including that of third parties) may be copied, modified, reproduced, distributed, published, reverse engineered, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, screen capture, recording or otherwise, without our prior written permission or that of the respective owner of the Intellectual Property Rights.
You acknowledge and accept that you are not making a direct application on a supplier's website and that you understand that the information you enter into our website(s) will be collected by us and then passed to your selected supplier within 24 hours of your data being collected and stored on our servers. You understand and accept that we will collect, store and transfer the information you provide in compliance of our Privacy Policy.
You acknowledge and accept that it is at the sole discretion of the supplier selected as to whether or not they will enter into a binding agreement with you, an application in itself does not constitute a commitment by the supplier to take over your supply. When you click to accept the terms and condition of the supplier no binding agreement is formed until the supplier confirms in writing the terms on which they are willing to supply energy to your domestic premises.
You understand that we are not a party to any agreement made between you and your selected supplier and we have neither liability nor implied liability in that regard.
In the event that you do not wish to accept or comply with the terms and conditions of the supplier selected then you should not click to confirm that you accept the supplier's terms and conditions as displayed on our website, or as confirmed to you over the phone, and you should not sign the application schedule. By clicking to confirm your acceptance of the supplier terms of supply you accept that you have committed to switch to that supplier. If you change your mind thereafter you will have 14 days to contact the supplier and advise.
We accept in good faith that all pricing and other information that is provided by the supplier and uploaded to our website(s) is accurate. As this is a good faith arrangement we do not warrant or confirm that any pricing and/or other information in respect to products displayed is accurate, up to date, fit for purpose or relevant and accordingly we do not warrant the accuracy of any information displayed on our website(s). If you have any reason to believe the information displayed is incorrect then please send an email to our customer services team at customerservices@energylinx.com and we will investigate any reported inaccuracy.
For the avoidance of doubt, should a price be displayed and subsequently found to be incorrect then you will not be able to receive the product displayed until relevant changes have been made. While we endeavour to display prices as accurately as possible, we do not warrant the accuracy of prices or information displayed on our website(s) and therefore we do not accept any liability whatsoever in respect to you selecting an inaccurately displayed product.
You acknowledge and accept that your entry of personal data and our requirement to collect, store and transfer your data to a supplier of your choosing is governed by the General Data Protection Regulation (GDPR) and other Data Protection Legislation as may be in operation in the UK from time to time. As a result of this you accept that we will process your personal data as detailed within our Privacy Policy and are happy to use our website for the purpose of gaining supply quotations and making a supply application on this understanding.
You confirm that if you enter personal data belonging to a third party or we obtain personal data as a result of you entering third party details then you alone are responsible for any action that may arise in respect to a data breach claim. We accept no responsibility or liability for any data that has been provided to us fraudulently or by accident and we will report such action and assist the appropriate authority to investigate such data protection breach, this will include providing any details we have in respect to your activities.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from our website(s), or websites linking to our website(s).
In using our website(s), you agree not to do any of the following:
All access to and use of our website(s) is governed by and subject to this Terms of Use. We reserve the right, but not the obligation, to access at any time and use internally for any lawful purpose information you have entered and which is stored on our servers, including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of this Terms of Use or complaints and take any appropriate action that we deem appropriate to prevent and/or stop such violation. We have the right, but not the obligation, to take any action we deem appropriate, including but not limited to issuing a warning, suspend or terminate your access and use of our website(s) and related services at any time. We take no responsibility and assume no liability for any content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter and which has been inserted into our website(s) by a third party or as a result of a third party's activities.
You remain solely liable for the content of any messages or other information you upload or transmit to interactive areas of our website(s), including its accuracy, completeness and validity. You agree to defend, indemnify and hold us, our parents, affiliates, employees, agents and representatives harmless from any claim, action, demand, loss, or damages (including lawyers' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this Terms of Use or your violation of any rights of a third party. Indirect or attempted violations of this Terms of Use or our Privacy Policy, and actual or attempted violations by a third party on behalf of a user of our website(s) will be considered violations of this Terms of Use.
We will use the information you enter into our website and other information that may be derived from the information you enter for the purposes of providing you with a supply quotation and for assisting you to complete a supply application. We will use your information as further detailed within our Privacy Policy.
We reserve the right to modify the terms of this Terms of Use at our sole discretion from time to time. If we change the terms of this Terms of Use, then we will post up the new terms on our website(s) and record the date within the Terms of Use as amended as to when the last update was applied. Any changes or modification will take effective upon posting of the new terms, and the use of our website(s) following the posting will constitute the users acceptance of the new terms as written.
In no event shall we be liable for any direct, special, punitive, exemplary, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profit, loss of reputation of goodwill, loss of business opportunity, or loss or corruption of data, whether in action in contract, delict or tort (including but not limited to negligence) caused by the suppliers, or otherwise, arising out of or in any way connected with the use or inability of the user to use our website in a proper manner, or inaccuracy of pricing displayed on our website(s).
The user agrees that use of our website(s) to obtain quotations and to make supply application is at their sole risk and if dissatisfied with our Services or any portion thereof, their exclusive remedy shall be to stop using our Services.
Where a judiciary action is instigated by the user and a court awards damages as a result of the user using our Services, then the user accepts that our aggregate liability whether in contract, warranty or tort (including but not limited to negligence) arising out of or relating to the use of the Services shall not exceed an amount equal to the actual commission paid by the supplier to us in relation to the users change of supply ("Capped Liability"). For the avoidance of doubt, if no commission is paid by the supplier to us for the transaction in question then our Capped Liability shall be zero.
When you visit our website(s) or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on our website(s). You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through our website(s), or leaving a telephone message with an email address for customer service to respond to a query about your account, as a request that we communicate personal or financial information with you by unencrypted email.
You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal or financial information) from time to time in an unencrypted manner.
You further acknowledge that emails sent with this information are not stored in a secure manner. In addition, we make no representations or covenants with regard to, and assume no liability for, any communications between any third party and the user using our website(s) including without limitation, any representation, covenant or liability related to or arising from the security or accuracy of any data included in such communications.
We process information about you in accordance with our Privacy Policy. By using our website(s), you consent to such processing and you warrant that all data provided by you is accurate. For the avoidance of doubt, in case of contradiction between the terms of this Terms of Use and the Privacy Policy, the Terms of Use shall take priority.
Our website(s) makes use of cookies in accordance with our Cookie Policy.
This Terms of Use in electronic form and any other electronic documents, policies and guidelines incorporated herein, including without limitation the Privacy Policy and Cookie Policy, will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
THE SERVICES WE PROVIDE VIA OUR WEBSITE(S) ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED SO FAR AS IS PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OPERABILITY, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THIS SERVICES PORTAL AND MATERIALS, CONTENT, SOFTWARE, SERVICES AND THE SOFTWARE APPLICATION AVAILABLE ON OR THROUGH THIS SERVICES PORTAL. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS SERVICES PORTAL OR THE DESCRIPTION OF THE SERVICES OFFERED ON THIS SERVICES PORTAL ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO ANY CONTENT INCLUDING PRICING, TEXT OR PHOTOGRAPHY. WE DO NOT REPRESENT OR WARRANT THAT THIS SERVICES PORTAL OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICES PORTAL, INCLUDING ALL CONTENT, DATA, MATERIALS OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SERVICES PORTAL IS AT YOUR SOLE RISK.
Last Updated
05.05.2021