Introduction

The following terms and conditions (referred to as the “Terms”) constitute a legally binding agreement between you and SMAP Energy Limited (referred to as “us” in these Terms) - the providers of the Aiswitch (“Service”). While using the Service or visiting our website, you accept the Terms in full; if you disagree with the Terms or any part of the Terms, you must not use the Service.

Please read these Terms carefully before you sign up for the Service. These Terms tell you how we will provide the Service to you, how each party may alter or terminate the Terms, what to do if there is a problem, and other important information.

We want the following Terms (and the Privacy Terms which we refer to below) to be easy to understand. If you think there is a mistake in the Terms or there is anything unclear, please contact us so that we may address it.

Please keep a copy of these Terms as they are important and constitute a legally binding agreement between us.

Contact Information

For all inquiries, please contact us by emailing us at help@aiswitch.co.uk or writing to the following postal address: SMAP Energy Limited, ideaSpace, 3 Laundress Lane, Cambridge, CB2 1SD.

Defined words used in these Terms

Aiswitch means the Service provided by SMAP Energy Limited which is a private limited company incorporated in England and Wales with company registration number 09986974 and with its registered address at 9 Quy Court, Colliers Lane, Quy, Cambridge CB25 9AU

Website means www.aiswitch.co.uk

Privacy Policy means the document which sets out the terms and conditions relating to how we look after your personal information and which can be found at Privacy Policy.

Service means the provision of an online service that:

  1. Aggregates the products or services you are eligible to receive from third party energy suppliers
  2. Assesses, by application of pre-defined criteria, the attractiveness of these products or services
  3. From time to time switches you to the supplier of a different product or service in line with your specifications and our choice of the best deal for you
  4. May from time to time involve us obtaining bespoke offers from energy suppliers for you in return for providing some of your personal information to them

“Writing”, “words” and “written” include emails.

1. Making a Contract

By visiting the Website and submitting your details (“signing up”) via the Website and clicking the acceptance button on the Website in connection with the Service, you agree to be legally bound by and to act in accordance with these Terms and the Privacy Policy.

If you do not agree to these Terms or our Privacy Policy, you are not permitted to access or use the Service or the Website and you should cease such access and/or use immediately. We may take any action to prevent your access and/or use under these circumstances.

2. Appointment of Aiswitch

The Service


By completing the relevant forms on the Website you are:

  • Asserting that you are 18 years of age or older;
  • Asserting that you are resident in the UK;
  • Legally appointing Aiswitch as an agent to provide you with the Service for an indefinite period - until such time that you complete the relevant forms on the Website indicating your intent to cancel the Service. (Please see below for information regarding cancellation policy.)

Acting as Your Agent

To allow us to provide the Service you appoint us as your representative agent. This means we are permitted to act on your behalf to create legal relationships with suppliers and/or access information held with third parties regarding your account.

As your legally appointed agent, we will have the following powers to enable us to provide you with the Service (and we may use those powers more than once):

  • To select an energy provider for you by opening or closing accounts with a supplier or suppliers;
  • To apply to suppliers for services in your name (including telephoning them on your behalf);
  • To communicate with suppliers and other relevant third parties on your behalf;
  • To create and access online accounts on your behalf;
  • To access information about you which is held by third parties, including energy consumption information which may have been collected from a smart meter in half hourly intervals;
  • To provide anonymized information to suppliers for the purpose of soliciting products and services - including energy supply tariffs - more suitable to you than those publicly available;
  • To provide your anonymized information, aggregated with that of other customers, to suppliers and other third parties for the purpose of supplementing products and services offered by us; and
  • To complete any other task that we may reasonably require in order to provide the Service.

Your appointment of us to act as your representative agent while providing the Service will continue until it ends in accordance with these Terms.

3. Our Service

Our provision of Service to you

As described in these Terms, We will supply the Service to you until one of us ends the contract between us by written notice.

Assessment of supplier products and services

We will carry out regular assessments of suppliers in the energy market to choose the products or services which are the most suitable for you, taking into account the information you supply us about your needs and preferences.

Switching

From time to time and when appropriate, we will switch the product or service that you receive from an energy supplier for one which we consider to be the more suitable for you as ascertained from the assessments described above.

When making any decision to switch your product or service we will alert you by email and/or another agreed method of communication. Alongside this alert, we will give you the details of the switch.

We attempt to include all available offers on the market and to perform enough analyses to choose the most suitable offer for you. However, we cannot guarantee that we will identify all offers, for example, without limitation, we may not identify those not advertised or not made widely available to the public.

We also reserve the right to exclude certain suppliers from our assessment if relying upon objective criteria we consider their products and services unsuitable for our Service. This includes suppliers who we consider provide poor customer service or whose operational processes do not support our quality measures. We try to make these exclusions visible to you.

Cooling-off period

You will be able to cancel any switch that we make on your behalf as part of the Service within the relevant cooling-off period by contacting the relevant supplier. Typically this cooling off period is 14 days from the date of the switch. As part of the Service we will notify you of how you can contact the supplier to whom we have switched you in the event you choose to cancel the switch.

Service exclusions

The Service does not include:

  • any payments you must make to suppliers (unless we agree otherwise in writing);
  • sending any messages on your behalf to suppliers (except as may be required to apply for products and services), or the receipt and notification to you of any messages received from suppliers; or
  • acting as your supplier of energy.

Operational area

Our Website is solely available for energy customers in the UK. We do not accept any application for, or extend our services to, addresses outside the UK.

4. Your Responsibility

Product & service suitability

Our Service is customised to individual user preferences and circumstances and our decisions are made according to the details provided to us by you or by third parties. However, it remains your responsibility to ensure the ultimate suitability, adequacy and appropriateness of the product or service that is chosen for you.

If you are in any doubt as to the suitability, adequacy or appropriateness of any product or service chosen through this Service, you should seek alternative independent professional advice.

Third party contracts

By submitting your details to us and agreeing to the Terms, you authorize us to select and make offers to obtain the relevant products or services from a supplier or suppliers on your behalf as a duly appointed agent. These offers - depending on the terms and conditions of the supplier - may be accepted or rejected. The contract for the product or service will only be concluded once your offer has been accepted, and you will receive confirmation when your offer has been accepted.

If you purchase or otherwise acquire any product or service through our Service you will be entering a contract with a supplier who will be providing that product or service to you on its own separate terms and conditions. It is your responsibility to ensure that you understand and agree with the terms and conditions of the supplier.

You agree not to apply independently to any energy provider while using our Service, as this could lead to complications that could require us to spend significant time and cost identifying and resolving.

If you decide to cancel a contract that we have made on your behalf it is your responsibility to contact the supplier and request the cancellation. You must also inform us of your decision to do so immediately.

Information accuracy and usage

You must check and ensure that all information, content, material or data you provide on this Website is correct, complete, accurate, up-to-date and not misleading at all times. You must disclose all relevant facts where applicable.

Before you enter into a contract for any product or service that we have recommended, you must check that all of the information, content, material or data held by the supplier about you to ensure that it is correct, complete, accurate and not misleading and that you have disclosed all relevant facts. It is your responsibility to identify and correct any mistakes or errors in the information, content, material or data held by the supplier about you before you enter into a contract for any product or service. Failure to do so could invalidate the contract.

If you intend to submit information for another person, you must first get permission from that person. In submitting another person's details, you confirm to us that you have gained his or her permission to do so and that s/he has been informed and understands how his/her details will be used.

Passwords and access information

If you complete a registration process as part of your use of this Website and our Service this may include the creation of a username, password and/or other identification information. Any username, password and/or other identification information must be kept confidential by you and must not be disclosed to, or shared with, anyone.

5. Submission & Use of Information

By submitting information, data, passwords, usernames, PINs, other log-in information, materials, billing information, and other content to us through the Service, you are licensing us to use that content for the purpose of providing the Service.

We may use and store the information that you provide to us in accordance with this Agreement and our Privacy Statement.

You confirm that you are entitled to submit the information to us for use in connection with this Agreement, without any obligation by us to pay any fees or be subject to any restrictions or limitations.

When you use the Service, you may be directly connected to the website of a supplier we have identified (if we do not, for any reason, make arrangements with the supplier on your behalf). Where we do make the arrangements, we will submit information, including usernames and passwords that you provide, to log into the supplier’s website. You authorise us to use and store such information to make the arrangements in this way and to configure the information so that it is suitable for this purpose.

6. Permitted use

You are permitted to access and use the Website and Service only for your personal, non-commercial purposes. This means that the Website may only be accessed and used directly by a private individual or by a business to seek a product or service directly for that individual or business and on its own behalf. Access to and use of the Website and our Service other than for your personal, non-commercial purposes is strictly prohibited.

You are not permitted to use the Website or our Service:

  • In any unlawful, fraudulent or commercial manner;
  • to harm, threaten, abuse, embarrass, defame, libel, intimidate or harass another person, or in a way that invades another person's privacy or is obscene, offensive, hateful, indecent, inappropriate, objectionable, unacceptable, discriminatory or damaging as determined by us;
  • to create, check, confirm, update, modify or amend your own (other than in a manner we authorize in writing) or another person's databases, records or directories;
  • to tamper with, modify, reverse engineer or amend any part of this Website;
  • in a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems as is reasonably decided by us;
  • using any automated software, process, program, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system;

You may operate a link to the Website provided you do so in a way that we consider to be fair and legal and does not damage our reputation or take advantage of it. You may not operate a link to this Website in such a way as to suggest or imply any form of association, approval or endorsement by us unless we have explicitly recognised such association, approval or endorsement. We reserve the right to require you immediately to remove any link to this Website at any time and for any reason. We may withdraw any linking permission at any time and for any reason.

7. Responsibility for Third Parties and Third Party Websites

We are not responsible for the acts or omissions of any third party, including, without limitation, the acts or omissions of energy suppliers.

You are solely responsible for any usage of third party websites accessed via our Website and for any decision to acquire or refrain from acquiring any of the products or services available on such third party websites.

Any links to third party websites are provided for your interest, convenience and potential further usage only. Without limiting our responsibility to provide you with the Service which is set out in these Terms, we do not endorse, recommend or accept responsibility for the actions of the third parties, their products or services, their websites or for any information, opinions or views given or advice provided by such third parties (whether on their websites or otherwise).

Your use of any third party website will be governed by the terms and conditions of use and privacy policy applicable to that website. Such terms and conditions of use and privacy policy will be different from these Terms and our Privacy Policy. It is your responsibility to ensure that you understand and agree with the terms and conditions of use and privacy policy of any third party website before using that website.

We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions of use or the privacy policy applying to any third party website or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions of use and/or privacy policy.

Any views, opinions, advice or assistance which is given or provided to you by a third party after you have used this Website do not represent our views, opinions, advice or assistance and are not checked, monitored, reviewed, verified or endorsed by us. We do not endorse, recommend or take responsibility for any third party who provides you with any views, opinions advice or assistance.

You act or refrain from acting on any third party's views, opinions, advice or assistance at your sole risk and you are solely responsible for any decision to act or refrain from acting on such views, opinions, advice or assistance. We are not responsible or liable for any loss or damage you may suffer or incur in connection with such views, opinions, advice or assistance including in relation to their accuracy, truthfulness or completeness or for any acts, omissions, errors or defaults of any third party in connection with such views, opinions, advice or assistance.

8. Fees or Commission from Suppliers

We may from time to time receive fees or commissions from a supplier for switching you to a product or service. The receipt of these commissions will not affect the assessment of product or service suitability, unless there is the intention to pass on a portion of the fees or commissions directly to you as a result of acquiring the product or service.

We endeavour to make all our relationships with suppliers transparent and up-to-date, with details listed on the Website.

9. Availability of Service & Website

We aim to provide uninterrupted access to the Website and Service but we give no warranty as to uninterrupted availability.

We reserve the right to suspend, restrict, revoke or terminate your access to the Website and our Service at any time and for any reason.

We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on this Website and without notice from time to time.

10. Intellectual property rights

The copyright in the information, content, material or data displayed on this Website or contained in our Service belongs to us or our licensors. You may print, copy, download or store extracts of information, content, material or data displayed on this Website to the extent necessary for your own personal use, subject to the following conditions:

  • It may not be used for any commercial purposes and may not be commercially exploited, published, distributed, extracted, re-used or reproduced without our prior written consent;
  • You may not use any automated software, process, program or system, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system;
  • It may not be sold or transferred to any third party;
  • The copy must retain any copyright or other intellectual property notices contained in the original material;
  • Images displayed on this Website are protected by copyright and may not be reproduced or appropriated in any manner without the prior written consent of the owner(s);
  • No logos, trademarks or service marks displayed on this Website may be printed or downloaded, except as part of the text of which they form part;
  • you must not modify the paper or digital copies of such information, content, material or data;
  • It may not be excerpted, used, reproduced, published, reformatted and/or displayed on any other website without our prior written consent;
  • The status of us and our licensors as the authors of such information, content, material or data must be acknowledged;
  • all intellectual property rights including, without limitation, all copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trademarks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this Website and our Service (including information, content, material or data displayed on it or relayed through the Service) belong to us or our licensors and all such rights are reserved.

Except as set out in these Terms, none of the intellectual property rights belonging to us or our licensors in and relating to the Website and/or our Service (including information, content, material or data displayed on it) may be used, copied, modified, published, extracted, used, transmitted, displayed, sold, excerpted, reverse engineered, made available, reproduced, reformatted or distributed by you without our prior written consent.

11. Limitation of Our Liability to You

This clause 11 is very important as it sets out our liability to you and any limitations to that liability.

Liability not excluded

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for our fraud, or excludes or limits our mandatory duties or liability under English law.

Validity

If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these Terms and the validity and enforceability of the remaining provisions of these Terms shall not be affected.

No guarantee of data

We are not able to guarantee that the data, material and information we use to provide the Service is accurate or that there are no errors or omissions in the data, material and information.

We do not monitor, verify or endorse data, material and information submitted or provided by third parties, which is used to provide our Service and you should be aware that such information may be inaccurate, incomplete or out of date. We are not responsible for any data, material or information used to provide our Service, which has been provided by third parties.

Liability for Website

We do not give any warranty that the Website or our Service is free from viruses or anything else, which may have a harmful effect on any technology. We are not responsible for any losses or damages arising from an inability to access the Website or our Service, from any use of the Website or from reliance on the data transmitted using the Website where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet.

We are responsible to you for foreseeable loss and damage caused by us

If we fail to comply with these Terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this contract was made, both we and you knew it might happen.

Losses caused by a third party

We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions applying to any contract entered into by you (even where we have acted as your agent) with any third party in relation to any product or service or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions.

We are not liable for business losses

If you use the Service for any commercial or business purposes we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Delay

No failure or delay by us in exercising any right under these Terms will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.

12. What to do if you are not happy

Our aim is at all times to provide you with an excellent service. If you are unhappy with our service for any reason, please contact our Customer Service Team by email to help@aiswitch.co.uk.

We will aim to resolve your complaint within two business days. If we are not able to do so, we will provide you with an acknowledgement and a plan for further action. After we have had an opportunity to investigate your concerns further, we will issue you with a final response.

13. Privacy

We treat your privacy very seriously and process information about you in line with our Privacy Policy. By using the Website, you agree to the methods with which we process and deal with your personal information.

We may disclose your personal information or access your account if required to do so by law, any court, the Financial Conduct Authority, or any other applicable regulatory, compliance, Governmental or law enforcement agency.

How we may use your personal information

We use information held about you in the following ways:

Information you give to us

We will use this information:

  • To carry out our obligations arising from any contract entered into between you and us and to provide you with the information, products and services that you request from us;
  • To provide you with information about other goods and services that we offer that are similar to those that you have already purchased or enquired about;
  • To notify you about changes to our Service;
  • To ensure that content from our site is presented in the most convenient and effective manner for you and for your computer;
  • To select an energy provider for you and to open or close accounts with a supplier or suppliers;
  • To apply to suppliers for products and services in your name (including telephoning them on your behalf);
  • To communicate with suppliers and other relevant third parties on your behalf;
  • To access information about you which is held by third parties, including energy consumption information which may have been collected from a smart meter in half hourly intervals;
  • To provide the anonymized information to suppliers for the purpose of soliciting products and services - including energy supply tariffs - more suitable to you than those publicly available;
  • To provide your anonymized information, aggregated with that of other customers, to suppliers and other third parties for the purpose of supplementing products and services offered by us.

Information we collect about you

We will use this information:

  • To maintain our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • To supplement additional product offerings related to energy retailer switching;
  • To provide summaries of consumer behaviour including energy consumption and payment, to retailers to assist them on providing effective products and services;
  • To improve our site to ensure that content is presented in the most effective manner for you and for your computer;
  • To allow you to participate in interactive features of our service; and
  • As part of our efforts to keep our site safe and secure.

Information we receive from other sources

We may combine the information you give to us and information we collect about you with information from other sources. We may use this and the combined information for the purposes set out in this Privacy Policy (depending on the types of information we receive).

We monitor traffic patterns and site usage. Under the Data Protection Act 1998 we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access.

15. Your User Information & Password

Please let us know if any of your user details change, particularly your email address, home address and mobile phone number. We will send all further alerts to the new address provided. If you do not do this, we may not be able to deliver any alerts to you or continue performing the Service.

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address.

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your user name, allows you to access the Service. If you become aware of any unauthorised use of your user information, you agree to notify us immediately in accordance with these Terms.

17. Miscellaneous

Validity

If any provision of these Terms held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these Terms and shall not affect the validity and enforceability of the remaining provisions of these Terms.

Entire Agreement

These Terms and the Privacy Policy, together with the acts of our duly authorised agents and statements on our website regarding the benefits of the Service, constitute the extent of the agreement between you and us relating to your access to and use of the Website and our Service, and supersede prior Terms.

Delay

No failure or delay by us in exercising any right under these Terms will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms to another organisation, provided that this would not materially impact the Service.

You can not transfer your rights to someone else

This contract is personal to you and you cannot transfer it to another person.

Nobody else has any rights under these Terms

These Terms are a legally binding agreement between you and us. No other person shall have any rights to enforce any of the provisions set out in these Terms.

18. Your rights to end the contract

Ending the Service

You have the right immediately to terminate your usage of the Website and the Service by notifying us and completing the relevant information confirming your cancellation.

Exercising your right to change your mind (Consumer Contracts Regulations 2013)

Most products and service bought online allow you to change your mind within 14 days and receive a refund. This is also true with energy suppliers and is why you have a “cooling off” period.

19. How to end the agreement with us

Tell us you want to end the agreement

To end your legally binding agreement with us, please let us know by email at help@aiswitch.co.uk. Please provide your name, home address and, where available, your phone number and email address.

What happens upon ending the Service

Upon receiving your request to end the Service, we will send you an email confirming the receipt of your request and we will delete all information on your account, concluding the process within a period of 10 working days.

20. Our Rights to End the Agreement

We may end our legally binding agreement with no minimum notice requirement and at our discretion.

21. Modification

We may change these Terms in the future at any time and for any reason. Any changes in these Terms will be effective from the date they are posted on the Website. We will notify you if we amend the Terms so that you may make a decision as to whether or not to continue using the Website and/or Service.

22. Governing law

These Terms and your access to and use of this Website shall be governed by and interpreted in accordance with English law.

We both submit to the exclusive jurisdiction of the courts of England and Wales in connection with these Terms and your access to and use of this Website (including any claims or disputes).