Energy Assist from Tenant Shop

Energy Supply Switching Service

 

1.          Introduction

1.1.          Tenant Shop offer services in relation to household energy bills. Some of these products and services are offered by third party websites which are linked to via Our Website. Where this is the case you will be bound by the third party’s terms and conditions.

1.2.          In these Terms and Conditions, “we”, “our” and “us” means Tenant Shop Services Limited trading as Tenant Shop and “applicant”, “you” and “your” means any person who uses Our Website.

1.3.          If you are unsure about any aspect of these Terms & Conditions, or have any questions regarding our relationship with you, please contact us using the details on our website.

1.4.          The Terms and Conditions relate to our Energy Assist energy switching service (the “Service”), by which the subscriber (also referred to in these Terms and Conditions as “you”) authorise us to assess your energy supply contract and certain other household bills from time to time and, where we deem appropriate, to switch contract or supplier on your behalf using our own assessment and judgement in choosing the energy supply contract which is appropriate for you according to information provided by you to us.

1.5.          The following definitions and rules of interpretation apply to these terms.

1.6.          Definitions:

1.6.1.          “Application” means the application made by you to subscribe to the Service by filling out the online form at the Site and agreeing to the Terms.

1.6.2.          “Energy Assist” means the subscription service for tenants under which you authorise Tenant Shop to undertake periodic changes of energy supplier from amongst the suppliers on the TS Supplier panel for the duration of your tenancy at the property listed in the Application

1.6.3.          “Intellectual Property Rights” means patents, trademarks, service marks, design rights (whether registrable or otherwise), applications for any of the foregoing, copyright, know-how, trade or business names rights in invention designs and processes and other similar rights or obligations whether registrable or not in any country (including but not limited to Ireland).

1.6.4.          “Our Website” or “Site” shall mean the Tenant Shop website available at: www.tenantshop.uk

1.6.5.          “Property” means the property which you wish us to apply the Service to.

1.6.6.          “Terms” means these Terms and Conditions and the Declaration.

1.6.7.          “TS Supplier Panel” means a curated panel of energy suppliers from which Tenant Shop conducts a comparison on your behalf in order to select the best supplier for you based on the information provided by you in the Application.

1.6.8.          “Working Day” means a day (other than a Saturday, Sunday or public holiday and the Tenant Shop office shut-down period between Boxing Day and New Year’s Day) when banks in London are open for business;

1.7.          A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.

1.8.         A reference to a company shall include any company, corporation or other corporate body, wherever and however incorporated or established.

1.9.          A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision.

1.10.        A reference to writing or written includes email but not fax, unless otherwise specified in these terms.

1.11.         Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2.          About Tenant Shop

2.1.           The Service is provided by Tenant Shop Services Limited (trading as Tenant Shop), a company registered in England, registered number 07162966, with the registered office address: Building X92, Cody Technology Park, Old Ively Road, Farnborough, Hampshire, GU14 0L.

2.2.          Nothing in this Site shall be deemed to constitute professional advice in any way. In choosing to use the Service from this Site you should not rely solely on the information contained within the Site pages. You should carefully read the terms and conditions relating to any specific product before proceeding.

2.3.          Further information about the Service can be obtained from Our Website and other publications or by contacting us. All Service details, rates, terms, conditions and other information are subject to change from time to time.

2.4.          You will not be charged by us for using Our Website or Service.  We will instead receive a commission or fee from the energy supplier we switch your energy supply to as a result of your instructing us to carry out such a switch.

3.          The Energy Switching Service

3.1.          In order to assess the energy supply contracts available on the market and to decide which one is most appropriate to your needs, we rely on information you provide to us regarding your Property and energy usage and your past energy bills. We shall not independently verify the information you provide to us and we rely on what you tell us in order to find the most appropriate energy supply contract for you. It is your responsibility therefore to ensure that the information you provide to us is accurate and up-to-date. In order to switch your energy and as part of our ongoing service, we may access information held about you and your current energy supply by selected third parties.  In the absence of specific information from you regarding your Property and energy usage we shall use our own judgement, informed by industry statistics, as to your likely energy usage in the Property.

3.2.          We shall take into account a broad range of factors in selecting your energy contract or supplier which include price but also include (without limitation) the length of supply contract on offer, long term price guarantees, quality of service, customer service, customer ratings, financial stability of the supplier, its track record and other information that may be available to us. Value for money is one of the criteria by which we select energy contracts/suppliers for our subscribers but the energy supply contract that we may select for you may not be the cheapest option available on the market at a given time and might not be the cheapest for your purposes.

3.3.          We shall undertake to provide the Service on the expiry of any fixed period of supply entered into on your behalf.

4.          Subscription term

4.1.          Subject to your compliance with these Terms and Conditions the subscription for the Service will continue until the earlier of:

4.1.1.           the date you are no longer responsibility for paying the utility bills at the Property to which the subscription for Services applies (usually the date you vacate the Property); or

4.1.2.          the date either you or we terminate the subscription.

4.2.          If your subscription terminates as a result of you vacating the Property, you will have to enter into a new subscription for any subsequent property you move in to.

4.3.          You can terminate your subscription for the Service at any time by giving us notice through Our Website or through the contact details that we provide to you. If you proceed to switch a supplier on your own, outside the Service, we may at our discretion treat that as a notice by you to terminate your subscription for the Service.

4.4.          We reserve the right to withdraw the Service or block access to the Site if we believe that the Service is being misused.

5.          No representation/limited authorisation

5.1.           We do not represent or act as the agent for any supplier in connection with the Service. Whilst we may have commercial relationships with suppliers and may negotiate collective deals with suppliers, in providing the Service we act independently using our own judgment to select suppliers and energy contracts for our subscribers.

5.2.          We take precautions not to put ourselves in conflict of interests and will seek to notify our subscribers if we believe we might be in conflict.

5.3.          We will not represent you or act as your agent or representative in relation to your supply contracts with suppliers, even if we select the supplier or the contract and arrange the switching of your supplier.

5.4.          As part of the application process for your subscription, you shall have agreed a declaration providing your authority (the “Declaration”), such that Tenant Shop may act on your behalf in respect of the Service.  By agreeing to the Declaration when subscribing to the Service in accordance with the Terms , you give us limited authority to do only the following:

5.4.1.          to review the details you supply us and your existing energy contract and (if we decide it is the most appropriate option for you) to select an alternative contract or supplier (the “New Supplier”) and to cancel your current contract; and

5.4.2.          to contact the selected New Supplier and to provide your details to the New Supplier (which may be your existing supplier in case of switching between different contracts of the same supplier) and to complete application or registration forms or application questionnaires in relation to your new energy contract, in order to arrange the switching of contracts or suppliers on your behalf. You understand and agree that we will complete such application forms and questionnaires on your behalf without seeking your further instructions in relation to the details or answers required in such forms.

5.5.          You understand that the selected New Supplier may run a credit check on you to ensure you are able to pay your bills. The result of this credit check may mean the New Supplier asks you for a deposit or they may refuse to supply you. Further details may be found on the specific supplier’s terms and conditions.

5.6.          The steps referred to in clauses 5.4.1, 5.4.2 and 5.5 inclusive constitute a completed energy switch (the ‘Switch’).  Once the Switch is completed, we cease to be involved in relation to your energy contract. All other aspects of your contract with your supplier (including, without limitation, concluding your energy supply contract including providing any financial credentials or personal information or information relating to your Property or energy usage to your new supplier, receiving, checking and paying bills, providing meter readings, customer service and complaints and reporting or handling any service disruptions, or other incidents claims or events associated with the energy supply or home insurance contract) are your sole responsibility. We do not and cannot represent you (or your supplier) in relation to any such matters.

6.          Use of the Service

6.1.          The Service is provided to you for the purpose of obtaining the most appropriate energy supply contract for you for your private, personal purposes with the minimum hassle and effort for you. The use of the Service or the use of your subscription for purposes which are inconsistent with the foregoing is strictly prohibited.

6.2.          Unless arranged and agreed in advance with us, the use of the Service for any commercial or research purposes (including, without limitation, to conduct any surveys or to scrape or collect any data, to carry out competitor analysis or price research, to monitor the Service or third party energy or other product deals or offers) is strictly prohibited.

6.3.          Without derogation from the generality of the foregoing, any of the following is prohibited and may result in the immediate termination of the subscription without liability and may be reported to relevant authorities:

6.3.1.           the unlawful use of the Service or its use for unlawful purposes;

6.3.2.          the provision of misleading or inaccurate data to us in connection with the Service;

6.3.3.          signing up, accessing or using the Service, or obtaining any product recommendations, data or other input from the Service, through automatic means (e.g., using “bots” or other computer software without an individual person controlling each step of the use of the Service);

6.3.4.          the use of the Service for the purpose of developing, providing or carrying out any service or business targeting third parties (whether or not such service or business competes with us) or its use for the purpose of generating any revenue (other than savings on your private household bills); or

6.3.5.          the use of the Service in a manner intended to cause overload or disruption to the Service.

7.          Warranties

7.1.          You warrant and represent to us that:

7.1.1.           You are at least 18 years old;

7.1.2.          You are a UK resident;

7.1.3.          You do not represent any third party (other than your immediate family members or, if you are the owner or manager of a property held under lease or tenancy, the tenant or lessee) and you do not act in any capacity other than as a private consumer;

7.1.4.          You subscribe for the Service for private personal purposes and not for any of the purposes prohibited under these Terms and Conditions;

7.1.5.          You are (or will be on the date any New Supplier we arrange to take over the supply of energy at the Property is due to go live) responsible for the utility bills at the Property.

7.1.6.          All information you provide to us about yourself and your Property including information relating to your current energy contract, your past and estimated future energy usage or other information we request from you is true, accurate to the best of your knowledge and not misleading in any way;

7.1.7.           You will update us if any information you provided to us becomes out of date or untrue during the term of your subscription; and

7.1.8.          You will inform us as soon as reasonably practical once you become aware (and have a specific date for) that you will no longer be responsible for the utility bills at the Property (for example, when you move out).

7.2.          We warrant to you as follows:

7.2.1.           we have the right to provide the Service;

7.2.2.          we shall use commercially reasonable efforts to provide the Service using reasonable care and skill; and

7.2.3.          we shall use commercially available technologies to protect your personal data.

7.3.          Other than the warranties, representations and covenants expressly set out in these Terms and Conditions, we give no warranty nor make any representation in relation to the Service and the parties expressly disclaim to the fullest extent permitted by law any representation or warranty relating to the Service that may be implied by these Terms and Conditions, by custom or by law or otherwise and which is not expressly set out in these Terms and Conditions, including any implied warranties of quality, merchantability, title or entitlement, fitness for a particular purpose, non-infringement of third party rights, the ability to achieve a particular result or functionality, including any warranty or representation that the Service will be uninterrupted or error free, and all such implied terms or warranties are expressly excluded.

8.          Disclaimer

8.1         We make no guarantee that it will be possible to effect a switch on the Property either on your initial subscription to the service or during future attempts to deliver the service.

9.          Privacy policy

9.1.          We understand how important your privacy is and we take its security seriously. You can read our Privacy Policy here. This Privacy Policy should be read in conjunction with our Terms and Conditions and our Cookie Policy.

10.      Intellectual Property

10.1.        Notwithstanding any other provisions of these Terms, all Intellectual Property Rights owned or licensed by Tenant Shop will be and remain vested in Tenant shop at all times.

10.2.       You will not acquire any right, title or interest in any Tenant Shop Intellectual Property as a result of using or subscribing for the Service, except the limited right to receive the Service during the period of subscription in accordance with these Terms and Conditions.

10.3.       Other than to receive and use the Service in accordance with these Terms and Conditions or otherwise with our prior written consent, and except to the extent permitted under sections 50A, 50B, 50BA and 296A of the Copyright, Designs and Patents Act 1988 (UK) or under any mandatory statutory provisions amending or substituting those provisions which are applicable in the United Kingdom including (where applicable) under European Union legislation, you agree that you shall not and shall not assist, procure or authorise any other person to do any of the following, that is:

10.3.1.       use the Service or your subscription for the benefit of any third party (except immediate family members, or, if you are the owner or manager of a property held under lease or tenancy, the tenant or lessee), or lend, lease, transfer, or grant the Service to any third party, or cause or permit any use, display, transfer of possession, sublicensing, publication, or other dissemination of the Service, in whole or in part, to or by any third party, or charge any third party in connection with the benefits of your subscription or the provision or use of the Service; or

10.3.2.       modify, amend, reverse engineer, decompile, disassemble, re-engineer or otherwise re-create or attempt to re-create the code or the structural framework for part or all of the Service or reproduce, make adaptations or derivative works to the Service, or any of the Tenant shop Intellectual Property; or

10.3.3.       remove or change any proprietary or copyright notices, trademarks or trading names or other indications of source or ownership (of ours or any third party) that are included in the Service.

11.      Indemnity

11.1.       You agree to indemnify us, our directors, employees, agents, representatives (“Indemnified Persons”) and keep us indemnified against any loss, damage, cost or liability arising to any Indemnified Persons as a result of any claim, demand or proceedings brought or threatened against the Indemnified Persons in connection with any breach by you of these Terms and Conditions, including any breach of warranty, or any misrepresentation or negligence in relation to your subscription to the Service or its use, or out of your use of the Service in contravention of these Terms and Conditions.

12.      Limitations on liability

12.1.       We are responsible to you for:

12.1.1.        any claim you may have against us for a personal injury or in respect of your death if caused by our negligence;

12.1.2.       any statements made by our employees to you which are not true statements of fact and which are made by that employee with fraudulent intent;

12.1.3.       any statements made by our employees to you which are misleading or untrue.

12.2.       Except in the case of (12.1.1) or (12.1.2) above (where our liability to you is unlimited), our liability to you will be limited in aggregate to ten thousand pounds sterling (£10,000).

12.3.       In no event will we be liable to you for (a) loss of profits, business, revenue, goodwill or anticipated savings; and/or (b) indirect or consequential loss or damage.

12.4.       We are not responsible to you for:

12.4.1.       any reliance that you may place on any material or commentary posted on Our Website. Please note that nothing contained in Our Website or the material published on it is intended to amount to advice on which you should rely; or

12.4.2.       any losses you suffer because the information you put into Our Website is inaccurate or incomplete; or

12.4.3.       any losses you suffer if the information you put into Our Website is accurate but the insurer’s website has not accurately reflected that information because its system is not working correctly; or

12.4.4.       any losses you suffer because you cannot use Our Website at any time; or

12.4.5.       any losses you suffer through connecting to any linked third party websites or any statements, information, content, products or services that are published on, or may be accessible from, any linked third party website and we do not guarantee that they are free from viruses or anything else that could be infectious or destructive; or

12.4.6.       any errors in or omissions from Our Website; or

12.4.7.        any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on Our Website; or

12.4.8.       any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Website or to your downloading of any material posted on it, or on any website linked to it; or

12.4.9.       the privacy policies and practices of other linked third party websites, even if you access them using links from Our Website; or

12.4.10.      any unauthorised access or loss of personal information that is beyond our control.

13.      Force Majeure

13.1.       A party shall not be in breach of these Terms and Conditions, nor liable for any failure or delay in performance of any of its obligations under these Terms and Conditions where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power cuts electronic or communication network breakdowns, changes to the law or regulatory requirements, court orders or directions of a regulatory authority and any government or sovereign action.

14.      Our Right To Terminate The Subscription

14.1.       We shall be entitled to terminate your subscription for the Service at any time by written notice to you if you are in breach of these Terms and Conditions including in any event that you provide us with false or misleading information in connection with the Service or if you are in breach of any of your warranties or if you use the Service for purposes not permitted hereunder. In such circumstances, you will not be entitled to any refund. We may also terminate or suspend your subscription in any of the following circumstances:

14.1.1.        if for any legal reasons we are prevented from delivering the Service;

14.1.2.       if you fail the supplier’s credit check and the application for a new contract made on your behalf is consequently unsuccessful; or

14.1.3.       if you make arrangements directly, outside the Service, to switch your supplier or contract.

14.2.       We may terminate your subscription for the Service at any time without cause by providing you with one month’s written notice.

15.      Complaints

15.1.       If you wish to make a complaint or have other queries relating to the Service, please write to us to the following address: Tenant Shop Services Limited, 6/7 St Peters House, St Peters Hill, Grantham, Lincolnshire, NG31 6QB, or by email to: customerservices@mytenantshop.co.uk

15.2.       A summary of our internal process for dealing with complaints, which outlines how we will handle your complaint both promptly and fairly, is available on request

16.      Cancellation rights

16.1.       You have the right to cancel the your subscription to the Service at any time.

16.2.       To exercise the right to cancel your subscription to the Service, you must inform us by writing to us at the correspondence address provided above, or to our email: energyapps@tenantshop.co.uk with your decision to cancel this service by a clear statement.

16.3.       By cancelling the service, we will no longer act on your behalf in switching your supplier. Any switches already initiated prior to your cancellation of the service will be unaffected.

16.4.       Once a switch of energy supply contract has been initiated by Tenant Shop, you have a 14 day cancellation period during which you may request to cancel the switch.

16.5.       To exercise the right to cancel your switch of energy supply contract, you must inform us by writing to us at the correspondence address provided above, or to our email: energyapps@tenantshop.co.uk with your decision to cancel this switch by a clear statement.

16.6.       A cancellation request must be submitted before 5pm on the last working day within the 14 day cancellation period. The request must be sent from the email you used to sign up to the subscription for the Service. Cancellations submitted after this point may not be actioned by Tenant Shop. In addition to the above, we recommend you contact the supplier directly to request a switch cancellation.

17.      General

17.1.        Your subscription is personal to you and the Property and you may not assign or transfer your subscription to any person or other property except with our express written consent. We shall be entitled to transfer its rights under these Terms and Conditions subject to its obligations to any member of our group or to any person acquiring its business and such transfer shall be effective upon notice being given to you.

17.2.       Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership or joint venture and shall not be construed as giving rise to the relationship of principal and agent between the parties.

17.3.       We reserve the right to change these Terms and Conditions from time to time and without notice. You should therefore check these Terms and Conditions each time you visit Our Website.

17.4.       If any provision of the Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction or any other jurisdiction of any other provision of these Terms.

17.5.       If any part of the Terms is subsequently considered to be illegal, invalid or unenforceable then that provision should be treated as having been deleted without affecting the validity of the remaining terms.

17.6.       A person who is not a party to the Terms shall have no rights to enforce the provisions of these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.

17.7.        No modification, alteration or waiver of any of the provisions of the Terms shall be effective unless in writing and signed on behalf of each of the Parties. No omission or delay on the part of either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any right or remedies provided by law.

17.8.       The Terms constitute the entire agreement between the parties and supersede all other agreements, statements, letters and other arrangements between the parties in relation to the subject matter hereof. Each party acknowledges that it has not relied on or been induced to enter the Terms by a representation other than those expressly set out in these Terms and Conditions. This clause does not affect a party’s liability in respect of a fraudulent misrepresentation.

17.9.       These Terms and Conditions are subject to the laws of England and Wales and the exclusive jurisdiction of their Courts.

18.      Our Website

18.1.       These Terms and Conditions apply to your use of Our Website.

18.2.       By accessing Our Website you agree to be bound by these Terms and Conditions, together with our Privacy Policy and Cookie Policy. If you do not wish to be bound by them then you should stop using Our Website immediately.

18.3.       These Terms and Conditions (together with our Privacy Policy and Cookie Policy) represent the entire agreement between you and us relating to your use of Our Website. These terms also supersede any previous agreements, including previous terms and conditions of Our Website.

18.4.       We cannot be held responsible for the content of external websites and by using the link stated to access any separate website you will be subject to the terms of use applying to that website.

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