Terms & Conditions

Terms and Conditions of Use

Smart Merchant Energy Ltd

Please read these terms carefully before using this site.

Contents

  1. Who we are and how to contact us
  2. By using our site, you accept these terms
  3. Other terms that may apply to you
  4. We may make changes to these terms
  5. We may make changes to our site
  6. We may suspend or withdraw our site
  7. Our site is only for users in the UK
  8. You must keep your account details safe
  9. Quotations, comparisons and how we are paid
  10. Contracts you enter into with suppliers
  11. How you may use material on our site
  12. Do not rely on information on this site
  13. Content you upload or submit to our site
  14. Acceptable use of our site
  15. Live chat and interactive services
  16. We are not responsible for websites we link to
  17. Our responsibility for loss or damage suffered by you
  18. We are not responsible for viruses and you must not introduce them
  19. Rules about linking to our site
  20. Complaints
  21. Our trade marks
  22. Which country’s laws apply to any disputes

1. Who we are and how to contact us

smartmerchantenergy.com is a site operated by Smart Merchant Energy Ltd.

We are registered in England and Wales under company number [17171658], and our registered office and main trading address is Address: 252-262, Romford Road, London, England, E7 9HZ.

To contact us, please email info@smartmerchantenergyltd.com, call +004407552826909, or write to us at the address above.

2. By using our site, you accept these terms

  • By using our site, you confirm that you accept these terms of use and agree to comply with them.
  • If you do not agree to these terms, you must not use our site.
  • We recommend that you save or print a copy of these terms for future reference.

3. Other terms that may apply to you

These terms of use refer to the following additional documents, which also apply to your use of our site:

  • our Privacy Policy, which sets out how we process any personal data we collect from you or that you provide to us. You warrant that all data you provide to us is accurate;
  • our Acceptable Use Policy, which sets out the permitted and prohibited uses of our site; and
  • our Cookies Policy, which sets out information about the cookies we use.

If you enter into a contract for the supply of energy or any other product or service arranged through us, separate terms and conditions of supply will apply to that contract. Those terms are between you and the relevant supplier, and take precedence over these terms of use in relation to that supply.

4. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to make sure you understand the terms that apply at that time.

5. We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.

6. We may suspend or withdraw our site

  • Our site is made available free of charge.
  • We do not guarantee that our site, or any content on it, will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
  • You are responsible for making sure that everyone who accesses our site through your internet connection is aware of these terms of use and other applicable terms, and that they comply with them.

7. Our site is only for users in the UK

Our site is directed at businesses and individuals in the United Kingdom. We make no representation that content available on or through our site is appropriate for use, or available, in other locations.

8. You must keep your account details safe

  • If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat that information as confidential and must not disclose it to any third party.
  • We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any provision of these terms of use.
  • If you know or suspect that anyone other than you knows your user identification code or password, you must notify us promptly using the contact details in section 1.

9. Quotations, comparisons and how we are paid

  • Any quotation, price, tariff or comparison shown on our site or provided by us is indicative only, is based on the information available to us at the time, and does not constitute an offer. Prices are subject to change, to supplier acceptance, and to credit and eligibility checks.
  • Quotations are typically valid only for a limited period, which we will tell you at the time. A quotation does not create a binding contract until the relevant supplier accepts your application and issues its own contract documentation.
  • We may not compare every supplier or every tariff in the market. The range of suppliers and products we present may be limited to those with whom we hold commercial arrangements.
  • Where we act as an intermediary or broker, we may receive a commission, fee or other payment from the supplier in connection with any contract you enter into. We will disclose the nature and, where required, the amount or basis of calculation of that payment in accordance with our regulatory obligations and applicable law.
  • Nothing on our site constitutes advice or a personal recommendation unless we tell you expressly and in writing that we are providing advice.

10. Contracts you enter into with suppliers

  • Where we arrange a contract between you and an energy supplier or other provider, that contract is between you and the supplier. We are not a party to it.
  • We are not responsible for the performance, acts or omissions of any supplier, including billing, metering, service quality, or the accuracy of information the supplier provides.
  • Where you authorise us to act on your behalf, for example by signing a Letter of Authority, that authority is limited to the scope set out in the document you sign, and you may withdraw it by notifying us in writing.
  • You are responsible for making sure that the information you give us about your business, your premises and your existing supply arrangements is accurate and complete, and for confirming that you have authority to enter into a contract on behalf of your business.

11. How you may use material on our site

  • We are the owner or licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  • You may print one copy, and download extracts, of any page from our site for your personal or internal business use, and you may draw the attention of others within your organisation to content posted on our site.
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text.
  • Our status, and that of any identified contributors, as the authors of content on our site must always be acknowledged.
  • You must not use any part of the content on our site for commercial purposes without obtaining a licence from us or our licensors.
  • If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

12. Do not rely on information on this site

  • The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of content on our site.
  • Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content is accurate, complete or up to date.

13. Content you upload or submit to our site

  • Any content you upload to our site, or submit through a form, live chat or other feature, will be considered non-confidential and non-proprietary. You retain ownership of that content, but you grant us a limited licence to use, store, copy and share it with third parties for the purposes of providing our services to you.
  • You are solely responsible for any content you submit, and you warrant that you own it or have the right to provide it to us, and that it complies with our Acceptable Use Policy.
  • We have the right to remove any content you submit if, in our opinion, it does not comply with these terms, and to disclose your identity to any third party who claims that content you have posted infringes their rights.

14. Acceptable use of our site

You may use our site only for lawful purposes. You must not:

  • use our site in any way that breaches any applicable law or regulation;
  • use our site in any way that is fraudulent, or has any fraudulent purpose or effect;
  • transmit any unsolicited or unauthorised advertising or promotional material;
  • submit information you know to be false, misleading or which you have no authority to provide;
  • copy, scrape, mirror or systematically extract data from our site, including by use of any automated tool, robot or spider, without our prior written consent;
  • reproduce, duplicate or resell any part of our site in breach of these terms; or
  • attempt to interfere with the proper working of our site.

15. Live chat and interactive services

We may from time to time provide live chat or other interactive services on our site as a way for you to contact us. When using these services you must comply with these terms and with our Acceptable Use Policy. We may record and store transcripts of live chat conversations, as described in our Privacy Policy.

16. We are not responsible for websites we link to

  • Where our site contains links to other sites and resources provided by third parties, those links are provided for your information only. They should not be interpreted as our approval of those linked websites or of any information you obtain from them.
  • We have no control over the contents of those sites or resources.

17. Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

  • We do not exclude or limit our liability to you in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in the relevant terms and conditions of supply.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site, or use of or reliance on any content displayed on our site. In particular, we will not be liable for:
    1. loss of profits, sales, business or revenue;
    2. business interruption;
    3. loss of anticipated savings;
    4. loss of business opportunity, goodwill or reputation; or
    5. any indirect or consequential loss or damage.

If you are a consumer user:

  • We provide our site for domestic and private use only. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
  • If defective digital content that we have supplied damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

18. We are not responsible for viruses and you must not introduce them

  • We do not guarantee that our site will be secure or free from bugs or viruses.
  • You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
  • You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site by means of a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with them by disclosing your identity. In the event of such a breach, your right to use our site will cease immediately.

19. Rules about linking to our site

  • You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
  • You must not establish a link in a way that suggests any form of association, approval or endorsement on our part where none exists.
  • You must not establish a link to our site from any website that is not owned by you.
  • Our site must not be framed on any other site, and you may not create a link to any part of our site other than the home page.
  • We reserve the right to withdraw linking permission without notice.
  • The website from which you link must comply with our Acceptable Use Policy.
  • If you wish to link to, or make any use of, content on our site other than as set out above, please contact us using the details in section 1.]

20. Our trade marks

[TRADE MARK NAME / LOGO], registered under number [UK TRADE MARK NUMBER], is a UK registered trade mark of Smart Merchant Energy Ltd. You are not permitted to use it without our approval, unless it forms part of material you are using as permitted under section 11.

[If you have no registered trade marks, replace this section with an unregistered rights statement, for example: “Our name, logo and branding are our property. You are not permitted to use them without our prior written approval.”]

21. Which country’s laws apply to any disputes

  • If you are a consumer, these terms of use, their subject matter and their formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident in Scotland you may also bring proceedings in Scotland.
  • If you are a business, these terms of use, their subject matter and their formation (including any non-contractual disputes or claims) are governed by English law, and we both agree to the exclusive jurisdiction of the courts of England and Wales.

This document is a template prepared for Smart Merchant Energy Ltd. Before publishing it, please complete all bracketed fields and have it reviewed by a qualified legal adviser to confirm that it reflects your actual business model and regulatory position.