Terms & Conditions

WESWITCH4U - TERMS & CONDITIONS

OUR TERMS OF BUSINESS

For the purpose of the Data Protection Act 1998 and the General Data Protection Regulation (Regulation 2016/679), the data controller or controller is Bjorswitch Limited of 1 Bovinger Way, Southend-On-Sea, United Kingdom, SS1 3SZ, but it is important that you recognise that where your data is provided to Third Party Suppliers in relation to the Service, such Third Party Suppliers may also be considered to be a (data) controller in respect of your personal data so it is important that you read and understand the privacy policies of such Third Party Suppliers too.

1. INTRODUCTION

    1.1 Who are we?

  • We are an online price comparison tool and insurance intermediary and through our website we offer comparison and switching services in relation to energy and insurance products and services.
  • 1.2 What these terms cover.

  • These are the terms and conditions which will apply to your use of our Website and on which we will supply the Services (as defined below) to you. These terms and conditions, a hard copy of which is available on request, sit alongside our Privacy and Cookies Policy here, which will also apply. Together these terms and conditions and the Privacy and Cookies Policy will be referred to as the "Terms".
  • 1.3 Why you should read them.

  • Please read the Terms carefully before using the Website and signing up to receive the Services. The Terms tell you who we are, how we plan to provide Services to you, how you and we may change or end any contract entered into between you and us (if applicable), what to do if there is a problem and other important information (including details of how any contract can be automatically renewed). By using our Website, you confirm that you accept these Terms and agree to comply. If you do not agree you must not use our Website or Services. If you breach any term of the Terms, your right to access and use the Website shall cease immediately and, as you will see below, we may also have a right to end the contract with you depending on the nature of the breach.
  • 1.4 Changes to the Terms.

  • We reserve the right to change the Terms from time to time. Any changes will be posted on this Website. Your continued use of this Website or the Services after posting will constitute your acceptance of, and agreement to, any changes provided that where we make any change that has not arisen because of a change in the law and that is likely to have a material detrimental impact on you, we shall not make the change unless we have given you advanced notice of such change and provided you with an opportunity to cease using the Services. As a result, we recommend that you check the Terms whenever you access the Website. Specific services that we offer, or make available to you, may also be governed by additional or alternative terms and conditions with us, or other third parties. Where we make any material change to the information we have provided you in relation to our insurance distribution activity, we will notify you in good time of such change via the Website.
  • 1.5 Regulation.

  • Bjorswitch Limited is authorised and regulated by the Financial Conduct Authority and our FCA registered number is 788524. Our permitted business includes advising, arranging, making arrangements with a view to transactions in, assisting in the administration and performance of, and dealing as agent in, general insurance, and credit broking as described below. Our name, address and regulatory status may be verified by visiting the Financial Services Register website at https://register.fca.org.uk/.

2. DEFINITIONS

  • 2.1 Assessment means an assessment of the deals offered by Suppliers in order to determine whether it would save you money to switch Supplier or deal;
  • 2.2 Broking Service means our credit broking service which we may provide to you for the purpose of you financing your premium payable to an Insurance Supplier;
  • 2.3 Energy Product means gas or electricity product or service;
  • 2.4 Energy Supplier means any supplier of Energy Products listed on our Website from time to time;
  • 2.5 Ethi-Finance means Ethi-Finance Limited, a private limited company incorporated in England and Wales with company registration number 10669868 with its registered office at 1 Bovinger Way, Southend-On-Sea, United Kingdom, SS1 3SZ. Ethi Finance is authorised and regulated by the FCA with firm reference number 787671 and its permitted business includes entering into a regulated credit agreement as lender and exercising or having the right to exercise the lender's rights and duties under a regulated credit agreement;
  • 2.6 Fee means the £50 annual fee payable by you to us for our Switching Service;
  • 2.7 Insurance Finance Agreement means a loan agreement entered into by you with Ethi-Finance in order to finance your premium payable to an Insurance Supplier;
  • 2.8 Insurance Policy means your insurance policy with an Insurance Supplier from time to time;
  • 2.9 Insurance Product means private motor vehicle insurance;
  • 2.10 Insurance Supplier means any supplier of Insurance Products listed on our Website from time to time;
  • 2.11 Payment Date means the date when the Fee becomes payable to us, being the date on which you choose to switch to a new Supplier where your savings from making that switch (together with your savings from making other switches we have suggested to you) reaches £100;
  • 2.12 Services means the Switching Services and the Broking Service;
  • 2.13 Switching Service means:
    • 2.13.1 the provision of the Website and its use, access or browsing by you;
    • 2.13.2 carrying out Assessments; and
    • 2.13.3 on your behalf arranging a switch from your current Supplier to a new Supplier in accordance with these Terms;
  • 2.14 Subscription Period has the meaning at paragraph 9.2;
  • 2.15 Supplier means any Insurance Supplier or Energy Supplier from time to time;
  • 2.16 we, us and our means Bjorswitch Limited trading as WeSwitch4u, a private limited company incorporated in England and Wales with company registration number 10669761 with its registered office at 1 Bovinger Way, Southend-On-Sea, United Kingdom, SS1 3SZ.
  • 2.17 writing or written includes email; and
  • 2.18 you and your means the person who proposes to use or is using the Services.

3. CONTACTING US AND COMPLAINTS

    3.1 Contacting us and Complaints.

  • Contacting us and Complaints.If you have any questions about these Terms or any element of the Service or Website, are unhappy with the service that you have received and would like to make a complaint, or simply would like to contact us for any other reason, you can get in touch in the following ways:
    • by postHaroon Shaikh, WeSwitch4u, Academy House, Sackville Street, London, W1S3EJ
    • by telephone+44 7549 126467
    • by email contact@weswitch4u.com
  • When contacting us, please provide as much information as possible about the nature of your query or complaint (including your name and address, a contact telephone number and any other reference number that you have been provided with) so that we can deal with the issue as soon as possible.
  • 3.2 Timing.

  • Timing. We will aim to respond to you as quickly as possible and will make our best efforts to find a satisfactory answer or solution for you. However, where we are unable to comprehensively respond within 2 business days of receiving your comment, complaint or question, we will at least provide you with an acknowledgment in that time.
  • 3.3 Continuing your complaint.

  • Continuing your complaint.If you are not satisfied with our response to your complaint you may be able to continue your complaint:
  • We are covered by the Financial Services Compensation Scheme ("FSCS"). You may be entitled to compensation from the scheme if we cannot meet our obligations in relation to a Broking Service. This depends on the circumstances of the claim. Insurance arranging is covered for 90% of the claim without upper limit. Further information about the compensation scheme is available from FSCS on (020) 7892 7300 or www.fscs.org.uk.
  • 3.4 Complaints about a Supplier

  • Complaints about a supplier.If your complaint is regarding a product or service provided by a Supplier then you must complain directly to the relevant Supplier in accordance with their complaints procedure as we cannot answer complaints on behalf of Suppliers or accept responsibility for any such complaints.

4. THE SWITCHING SERVICE

    4.1 Appointment

  • Appointment.When you sign up to our Website you can choose whether you would like us to provide you with the Switching Service in relation to either Energy Products, Insurance Products, or both. By creating an account with us, you are offering to appoint us as your agent to provide the selected Services to you (the Offer). We will then send you an e-mail confirming whether we accept your Offer (Acceptance). We will start providing the selected Services from the point of our Acceptance.
  • 4.2 Marketing Monitoring.

  • Market Monitoring.We will endeavour to undertake an Assessment at least once a month for Insurance Products and once a month for Energy Products.
  • 4.3 What we may take into account.

  • What we may take into account. When carrying out an Assessment we may:
    • 4.3.1 take into account any information we consider relevant including, without limitation, information provided by you on the Website, information regarding the Suppliers of which we may be aware from time to time, the Fee, such market data regarding suppliers of equivalent services as we may be aware from time to time and any other information we may consider relevant in our sole discretion; and
    • 4.3.2 use technical systems, algorithms or programmes as we consider appropriate in our sole discretion.

    4.4 What we will not do.

    • 4.4.1 The Assessment will constitute a snapshot of the details offered by the Suppliers on the date on which it is carried out. We are entitled to rely on that snapshot when determining whether or not to bring to your attention a potential switch. There may be new deals that become available after we have made the Assessment but before your switch becomes effective. We will not change the Assessment to take such deals into account nor will we be obliged to carry out the Assessment more than once in relation to any deal with your current Supplier.
    • 4.4.2 The Assessment is limited to the deals offered by the Suppliers listed on the Website. There may be one or more other Suppliers of similar products or services who may offer deals which are better than the deals offered by the Suppliers listed on the Website. We will not take into account such deals when carrying out the Assessment and we will not suggest a switch to any supplier other than a Supplier listed on the Website. If you wish to switch to a supplier not listed on the Website, please contact us immediately at [insert email] and we will no longer provide the Service to you.
    • 4.4.3 We do not:
      • (a) guarantee that the Suppliers will meet your expectations or provide you with the same level of service as your existing Supplier;
      • (b) provide a recommendation or endorsement of Suppliers;
      • (c) guarantee that the price that the Supplier has indicated that it will charge you is correct nor guarantee that the price indicated will be honoured by the Supplier at the time when you decide that you would like to make a switch;
      • (d) provide any professional or financial advice and we give no guarantees and make no representations or warranties, whether express or implied, that the deals offered on our Website are accurate, complete or up-to-date; or
      • (e) supply any Energy Product or Insurance Product ourselves. If you wish to proceed with a Supplier's offering, you will be entering into legal arrangements with that Supplier.

    4.5 Switching

  • Switching.Having conducted an Assessment, we may contact you by text and/or email with initial details of other potential Suppliers you may want to switch to. If you are interested in switching to that Supplier, you will need to ensure any information provided to us used in performing our Assessment is correct, review the proposed terms of the contract with the relevant Supplier and then click 'accept' on our Website. Please note that where you wish to switch Suppliers mid-way through a contract, your contract with the original Supplier will terminate and a new contract with the replacement Supplier will begin. The new contract may tie you in for a further minimum length of time. Any switch will be subject to the terms of the contract (including in respect of cancellation) with your existing Supplier.
  • 4.6 Your Quote to switch Energy Suppliers

  • Your Quote to switch Energy Suppliers. The quote we will send you when we find a switch for your Energy Supplier will tell you; your projected cost over for the following 12 months with your new proposed supplier, your projected cost of remaining with your current supplier for the next 12 months (factoring in any automatic move to the suppliers Standard Variable Rate), and the difference between the two which represents your 'saving'.
  • 4.7 Your Quote to switch Insurance Suppliers

  • Your Quote to switch Insurance Suppliers. The quote we will send you when we find a switch for your Insurance Supplier will tell you; the price of cover for a 12 month policy matching (as best as possible) the details specified in your insurance data provided to us, the basic details of your policy such as your cover type and excess amounts, and your projected saving. In relation to Insurance Policies over one year with renewable premiums, we will also provide you with information regarding the period for which the quoted premium is valid, and the timing of reviews. As stated below, we will not be responsible for any such renewal.
  • 4.8 Switching where you have an Insurance Finance Agreement.

    • (a) if your switch relates to an Insurance Product where the premium under the Insurance Policy was paid under an Insurance Finance Agreement; and
    • (b) the switch occurs otherwise than at the end of the term of the Insurance Finance Agreement,
  • the switch will act to terminate both your Insurance Policy with your current Insurance Supplier and the Insurance Finance Agreement. You will need to enter into a new Insurance Finance Agreement if you want Ethi-Finance to finance the premium payable to the new Insurance Supplier. Please refer to your copy of the Insurance Finance Agreement or contact Ethi-Finance for further details.
  • 4.9 First Switch

  • First Switch When you are ready to make your first switch using our Switching Service (First Switch), you will be responsible for terminating your agreement with any existing supplier. You acknowledge that any delay in terminating such agreement may impact upon the Services provided by us and the services provided by the new Supplier you want to switch to (including the cost of such services).
  • 4.10 Paying Suppliers.

  • Paying Suppliers If you want to proceed with a switch,
    • (a) in relation to an Insurance Supplier, you must pay us the premium or annual up-front cost of entering into the relevant Insurance Policy. We will then make the payment to the Insurance Supplier on your behalf. We may use any rebate owed to you under your contract with the original Supplier to pay the new Supplier in whole or in part. To the extent that you are due to enter into an Insurance Finance Agreement, Ethi-Finance will pay us an amount equal to the amount that you have borrowed on your behalf and we will then on-pay the relevant premium to the Insurance Supplier. Full payment of premium and fees is due before cover under the Insurance Policy starts;
    • (b) in relation to an Energy Supplier, you must pay the Energy Supplier directly.

    4.11 Cancelling Suppliers

  • Cancelling Suppliers. Other than in relation to the First Switch, you authorise us to arrange on your behalf for any outgoing Supplier to be cancelled in accordance with these Terms. You agree that we may take all steps necessary to cancel the Supplier and you will provide us with any necessary authorisations and other assistance to help effect the switch (including authorising us to send a letter on your behalf to the relevant Supplier confirming that you wish to cancel).
  • 4.12 Rebates

  • Rebates. Any rebate due to you under your contract with the original Supplier will be repaid to you less any administration or early cancellation charge that the original Supplier may charge in accordance with its terms (and possibly less any amounts due to the new Supplier in accordance with the provisions above). Where you have entered into an Insurance Finance Agreement, any rebate of the premium paid by an outgoing Insurance Supplier when your Insurance Policy is cancelled will be used to reduce the outstanding balance of the Insurance Finance Agreement before any funds are returned to you.
  • 4.13 Our fees and charges for the Switching Service

  • Our fees and charges for the Switching Service. AWe will charge you the Fee for our Switching Service. We do not receive any form of fee, commission, bonus or similar incentive from Suppliers in relation to the provision of the Switching Service to you.

5. ACTING AS YOUR AGENT

    5.1 What you authorise us to do on your behalf.

  • What you authorise us to do on your behalf.By appointing us as your agent under these Terms, you authorise us to do the following:
    • 5.1.1 suggest a new Supplier for you based on an Assessment;
    • 5.1.2 contact Suppliers on your behalf and do all things that may be necessary (as reasonably determined by us) in order to arrange a switch from your current Supplier to a new Supplier; this may include, but is not limited to, requesting Suppliers provide quotes for providing you with services, passing information about you which you have either provided to us via the Website or authorised us to obtain from third parties in accordance with these Terms;
    • 5.1.3 in relation to Energy Suppliers, pass on your direct debit information and instruct or cancel (as necessary) a direct debit on your behalf when performing a switch;
    • 5.1.4 access information held about you by third parties for the purpose of performing the Service; and
    • 5.1.5 all other things we may reasonably consider necessary in order to perform the Services.
  • For the avoidance of doubt, our appointment as your agent will continue until we stop (or you ask us to stop) providing you with the relevant Switching Services.
  • 5.2 What you may do while we are appointed as your agent.

  • What you may do while we are appointed as your agent. At all times while we are appointed as your agent in accordance with these Terms you will be subject to the following restrictions:
    • 5.2.1 you must not arrange a switch from your current Supplier to another supplier (whether listed on the Website or not) nor do anything which may overlap with or hinder our performance of the Switching Service;
    • 5.2.2 you may cancel a switch we have made on your behalf however you must inform us at cancellations@weswitch4u.com no later than 2 calendar days following your decision to cancel (whether or not such cancellation has taken effect);
    • 5.2.3 you must not appoint any other person as your agent to perform a service equivalent to the Switching Service; and
    • 5.2.4 you will promptly provide us with any assistance that we reasonably request in relation to our dealings with Suppliers on your behalf and any other assistance that we reasonably require in order to be able to deliver the Services to you. A failure by you to provide such assistance may delay or prevent us from providing you with the Services.

6. INSURANCE TERMS AND CONDITIONS

    6.1 How do we switch Insurance Suppliers?

  • How do we switch Insurance Suppliers? As independent, online insurance brokers we are not contractually obliged to conduct insurance distribution activity exclusively with one or more Insurance Supplier. We compare Insurance Products from a range of Insurance Suppliers, a list of which may be found here. We will ask you some questions and will provide you with a quote from an alternative Insurance Supplier (or Insurance Suppliers) based on the answers that you give and provide the information you need to help you decide whether you want to switch. This will enable you to make your own choice about how to proceed. We do not offer advice or make personal recommendations.
  • 6.2 Insurance Policies

  • Insurance policies Links to an Insurance Supplier's policy documents, insurance product information documents, and a summary of coverage are available from the link provided presented to you with a summary of your switch information. Please do read these and download them from the Insurance Supplier's website prior to agreeing to any switch.
  • 6.3 Your information

  • Your information. Your insurance contract, including terms, conditions and premiums are based upon the information provided and subject to acceptance by the Insurance Supplier. Prior to making any switch, we will provide you with a statement of your demands and needs based on the information you have provided to us.
  • 6.4 How we treat payments you make to us

  • How we treat payments you make to us. We are not permitted to hold client money. Our financial arrangements with most Insurance Suppliers are on a "risk transfer" basis, which means that we will hold premiums and refunds due to you on behalf of the Insurance Supplier concerned under a risk transfer agreement.
  • Such monies are deemed to be held by the Insurance Supplier with which your Insurance Policy is arranged. If risk transfer does not apply then such monies will be held by us in a statutory trust account set up in accordance with the rules of the Financial Conduct Authority.
  • Any monies held in a statutory trust account may earn interest. We are entitled to keep the interest received and you are deemed to provide your informed consent by accepting these Terms.
  • 6.5 Claims handling.

  • Claims handling . You should take note of the Insurance Supplier's procedures in the event of a claim under your Insurance Policy. These are explained in your policy documents. Generally, insurers require immediate notification of a claim or circumstances which might lead to a claim. You should deal with any claim directly with the Insurance Supplier. We will offer assistance where possible but we take no responsibility for the handling or outcome of a claim.
  • In the event that an Insurance Supplier becomes insolvent or delays making settlement, we do not accept liability for any unpaid amounts.
  • 6.6 Conflict of interest

  • Conflict of interest If a situation arises where we, you, or the Insurance Suppliers have a potential conflict of interest with business being transacted for you, we will write to you and obtain your consent before we carry out your instructions and detail the steps we will take to ensure fair treatment. Further details of our conflicts of interest policy is available on request.
  • 6.7 Renewal of Insurance Policy

  • Renewal of Insurance Policy. We will not be responsible for renewing your Insurance Policy, nor will the Insurance Policy automatically renew. You will be responsible for dealing with any renewal of your Insurance Policy and you should do so directly with the relevant Insurance Supplier.
  • 6.8 Cancellation of your Insurance Policy

  • Cancellation of your Insurance Policy. Other than in relation to a switch (where we will cancel an Insurance Policy on your behalf), you should make a request for the cancellation of an Insurance Policy in writing and you are responsible for returning any relevant certificate of insurance to the Insurance Supplier concerned.
  • We shall be entitled to charge fees for our services in respect of cancellation as set out in paragraph [ ] below.
  • The terms of your Insurance Policy may also allow the Insurance Supplier to retain the premium in full or to charge short-period premiums in the event of cancellation.
  • If you have entered into an Insurance Finance Agreement:
    • • even if your Insurance Policy is cancelled, you will need to continue repaying the amount borrowed under the Insurance Finance Agreement (together with any fees or charges) until this has been settled in full; and
    • • unless the Insurance Finance Agreement has been repaid in full, any instruction that you give Ethi-Finance to cancel the Insurance Finance Agreement will be treated by us as instruction from you to cancel your Insurance Policy.

    6.9 Term

  • Term. Unless you request that the Insurance Policy commences immediately, you have the right to cancel, without penalty and without giving any reason, within 14 days of entering into the relevant Insurance Policy.

7. BROKING SERVICE TERMS AND CONDITIONS


  • 7.1 We are authorised by the FCA as a credit broker and not a lender. We only offer the credit facilities of our sister company, Ethi-Finance Limited and we will not provide any advice on the suitability of credit facilities to your needs. These credit facilities are available to our customers in order to fund premium payments to Insurance Suppliers only.
  • 7.2 Introductions are provided to Ethi-Finance on a non-advised basis. This means that no advice is given or implied and you are solely responsible for deciding whether the Insurance Finance Agreement is suitable for your needs. If you are not sure that the Insurance Finance Agreement is right for you, you should seek advice.
  • 7.3 If you receive finance from Ethi-Finance Limited under an Insurance Finance Agreement then you will also be subject to separate terms issued by Ethi-Finance Limited.
  • 7.4 If you request an introduction to Ethi-Finance via our Broking Service, you also give us permission to share your personal information, including payment details, with Ethi-Finance.
  • 7.5 In providing you with the Broking Service, we may use providers who will conduct a credit check, which will be recorded on your credit record. Please contact us if you do not consent to a credit check being undertaken, however, this may affect our ability to offer the Broking Service to you.
  • 7.6 We will charge you an arrangement fee of 1.5% for providing the Broking Service but will waive the fee when introducing you to Ethi-Finance.
  • 7.7 Please note that your Insurance Policy cover will cease if you fail to keep up payments on an Insurance Finance Agreement related to it and your credit rating may be affected.
  • 7.8 In entering into an Insurance Finance Agreement to pay your insurance premium you give Ethi-Finance the legal right to cancel your Insurance Policy on your behalf in the event that you default on the loan, and offset any refunded premium against the outstanding amount owed to them. This means that if you default on your payment terms and Ethi-Finance requests that we cancel your Insurance Policy, we will do so as your agent.

8. TERMS & RENEWAL OF THIS AGREEMENT

  • 8.1 Introductory Phase. We believe in our product and so will provide you with the Services free of charge from the date you sign up via the Website to the Payment Date in consideration of the mutual promises set out in these Terms.
  • 8.2 Subscription Period. A subscription period shall last for 12 months starting on a Payment Date (Subscription Period). Once a Subscription Period has ended, the next Subscription Period will only begin on the next Payment Date.
  • 8.3 Renewal Approximately one month before the end of the Subscription Period we shall contact you to remind you that the Subscription Period is coming to an end and that unless you advise us that you would like to terminate our Services, we will continue to provide the Services at the end of the Subscription Period. You will not, however, be charged a fee until the next Payment Date.

9. CANCELLATION

  • 9.1 Your right to end the Switching Service. If you wish to end our provision of the Switching Service and revoke our appointment as your agent, you must inform us at cancellations@weswitch4u.com.
  • By making the Offer, you acknowledge that you would like us to start providing the Switching Service immediately rather than waiting until the end of the normal 14-day period where you would ordinarily have had the legal right to change your mind without incurring any cost. This does not affect any rights that you have to cancel your contract with any Supplier during that time.
  • If we receive your notification after that 14 day period, we will stop acting on the earlier of the date we inform you that we have adjusted our systems to stop performing the Switching Service for you or 14 calendar days after we receive notice from you.
  • Where you wish to cancel your contract with us within that initial 14 day period but your Payment Date has already passed, we will refund you 50% of the Fee for the Switching Services that you have received up to the date of cancellation. If you cancel after that initial 14 day period then you will not receive any rebate.
  • 9.2 Our rights to end the Services We may temporarily suspend or terminate your right to use this Website and/or receive the Services if you breach (or we reasonably suspected that you have breached) any of these Terms or any applicable law. We also may temporarily suspend or terminate your right to use this Website and/or Services where we consider that we are no longer able to provide this Website and/or the Services without ourselves being in breach of any applicable law or for any other reason, provided that in that instance, we shall give you as much notice as is reasonably possible and provide you with a rebate in respect of the Fee provided that we shall be able to retain an amount to reflect the value of the Service that you have received at that point.
  • In any event, irrespective of whether we terminate your right to use the Website and/or receive the Services, you agree that you will be liable to us for any damage, loss, claim, demand, action, liability or expense (including reasonable legal fees) that we may suffer or incur arising out of or in connection with your conduct on the Websites and/or your breach of these Terms (including any provision by you of inaccurate, incomplete, misleading or false information).

10. YOUR RESPONSIBILITIES UNDER THESE TERMS

  • 10.1 Your age and location. You must be a consumer (not a business) over the age of 18 and have an address in the UK. If you are not a UK resident over the age of 18 or are acting on behalf of a business then you are not permitted to use the Website or receive the Services.
  • 10.2 Provision of information. You will need to answer a number of questions and provide us with information in order to receive the Services from us and Suppliers. This is to ensure that we and the Suppliers have all of the information that we need to provide you with accurate and timely information relating to the relevant products or services on offer. If you have any doubt as to whether any information may be relevant or required to be disclosed, or any doubt as to the accuracy of any information previously provided to us or the Supplier, or your circumstances have changed since providing the relevant information, then you should disclose this to us and the Supplier immediately.
  • 10.3 Accuracy of Information.It is your responsibility to ensure that all information and materials that you supply to us and any Supplier (including any information or materials provided to us through the Website) is accurate, complete, not misleading and truthful. You accept that the amount that you pay for a product or service from a Supplier may be determined by the information and materials that you provide and that a failure to provide accurate, complete, not misleading and truthful information may lead to:
    • 10.3.1 you being obliged to pay more for the relevant product or service from the Supplier;
    • 10.3.2 the relevant Supplier refusing to provide you with the relevant product or service (including voiding any insurance policy so that you are unable to make a claim and will be responsible for any third party costs if an event/incident occurs that would have ordinarily been covered by the relevant policy); and
    • 10.3.3 us deciding to terminate the Services early.
  • 10.4 Third party information. You must get permission from any other person who you propose to provide information on before you provide it to us or a Supplier. In submitting any other person's details, you are confirming to us and the Supplier that you have their permission to do so and that they understand how their details will be used.
  • 10.5 Supplier terms. As outlined above, it is important that you always familiarise yourself with the relevant Supplier's terms and conditions, as it is those terms and conditions that will govern your relationship with the Supplier. In particular, you should make sure that you are comfortable with any restrictions, exclusions, conditions, obligations and excesses which apply to the relevant product or service to be provided by the Supplier before proceeding with that Supplier.
  • 10.6 Third party websites. Any links to third party websites on our Website or in our emails are provided for your interest and convenience only and you recognise that we do not endorse, recommend or accept responsibility for such 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).
  • 10.7 User names and passwords.
  • In order to use our Services you must
    • 10.7.1 create an account and be responsible for any and all activity conducted using your account; and
    • 10.7.2 promptly contact us at security@weswitch4u.com if you know or suspect that anyone other than you has accessed your account.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

  • 11. Mandatory Liability. 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 duties or any liability under the Financial Services and Markets Act 2000, as amended, ("FSMA") or any conduct of business rules developed pursuant to FSMA or excludes or limits our liability for anything that cannot be excluded or limited by law.
  • 11.2 General Liability Exclusions. Subject to paragraph 12.1, we do not accept any responsibility or liability for any loss or damage you may incur:
    • 11.2.1 if any information, content, material or data you provide to us or through the Website is not correct, complete and accurate, or if it is misleading, or if you fail to disclose all relevant facts;
    • 11.2.2 in the event that any product or service that you apply for does not meet your requirements or is not suitable for you;
    • 11.2.3 in connection with the accuracy or content of any reviews of products or services displayed on the Website or sent to you as part of the Service or on any other website that you may access via the Website;
    • 11.2.4 for any acts, omissions, errors or defaults of any third party in connection with that product or service (including Suppliers);
    • 11.2.5 which are indirect or not foreseeable by us when you access or use the Website or receive the Services; and
    • 11.2.6 arising from an inability to access the Website, 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;
  • 11.3 Foreseeable loss and damage caused by us. Subject to paragraphs 12.1 and 12.2, if we fail to comply with these Terms or any other obligation to you in connection with the Appointment, we are responsible for loss or damage 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 the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
  • 11.4 Viruses. We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.

12. USE OF THE WEBSITE

  • 12.1 Interruptions. We will endeavour to provide you with uninterrupted access to the Website but we give no guarantee that the Website will always be available nor free from bugs or viruses. We also make no promise that the Website will meet your requirements.
  • 12.2 Permitted Use. You are not permitted to use the Website:
    • 12.2.1 in any unlawful, fraudulent or commercial manner;
    • 12.2.2 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;
    • 12.2.3 to tamper with, modify, reverse engineer or amend any part of this Website;
    • 12.2.4 in a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems; or
    • 12.2.5 with any automated software, process, program, robot, web crawler, spider, data mining, trawling or other "screen scraping" software, process, program or system.
  • 12.3 Using your information. By using the Website and providing us with any information, material or data as part of the Service, you grant us the right to use such any information, material and data provided by you or collected by us in accordance with the Privacy and Cookies Policy (including the right to provide that information to Suppliers and their agents). You confirm that you have all rights necessary to grant us these rights in the information, material and data that you provide.

13. OTHER IMPORTANT TERMS

  • 13.1 Credit Checks. We will use a credit reference agency, Experian, to undertake credit checks on you. We will also deal with various [Insurance] Suppliers [Will energy suppliers also carry out checks?] who do credit checks. We and they may keep a record of the search. Information held about you by these agencies may be linked to records relating to other people living at the same address with whom you are financially linked. These records will also be taken into account in credit and fraud prevention checks. Information from your application and payment details of your account will be recorded with one or more of these agencies and may be shared with other organisations to help make credit and insurance decisions about you and members of your household with whom you are financially linked and for debt collection and fraud prevention. This includes those who have moved house and who have missed payments. If you provide false or inaccurate information to us and we suspect fraud, we will record this and may share it with other people and organisations. We, and other credit and insurance organisations, may also use technology to detect and prevent fraud.
  • 13.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for Services not provided.
  • 13.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • 13.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
  • 13.5 Which laws apply to this contract and where you may bring legal proceedings. These Terms and your access to and use of the Website are governed by English law and you can bring legal proceedings in respect of the Services (including in relation to any claims or disputes) in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services (including in relation to any claims or disputes) in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services (including in relation to any claims or disputes) in either the Northern Irish or the English courts.