The Website and Call Centre are owned and operated by us, Make It Switch Ltd, a company registered in England (Company Number: 08530084) whose registered office is at 145-157 ST JOHN STREET, LONDON, ENGLAND, EC1V 4PW.
• “Intellectual Property Rights”
Means patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs;
• “Internet”(WWW – world wide web)
Means the global data network comprising interconnected networks using the Transmission Control Protocol/Internet Protocol;
Means the service that you may register on the Website to receive, which is designed to enable you to, amongst other things, save any search that you conduct whilst using the Website;
Means the provision by us via the Website or Call Centre of impartial information on any Supplier and the products and/or services that such Supplier offers;
Means any proprietary software utilised by us (Make It Switch Ltd) to enable you to use the Service;
Means a supplier of products and/or services that is listed on our Website – www.makeitswitch.com.
2. REGISTRATION AND THE PROVISION OF INFORMATION
2.1 You do not need to register as a member to access the home page of the Website or to browse the Website or use the Call Centre, but you may need to register in order to access some of the features and/or applications available on the Website, such as the Save-a-Search / forum service.
2.4 The registration process and the information we collect about you and your business may vary depending upon the application or service you are seeking to access on the Website or via the Call Centre. As part of the registration process you may be required to submit a user name and password and this will need to be verified and accepted by us. We reserve the right to refuse to accept any username which we deem to be inappropriate (in our sole discretion) and to assume that anyone logging into the Website using your username and password is either you or someone doing so with your permission. You will be responsible and liable for any actions of any person logging into the Website using your username and password. You should therefore notify us immediately if you suspect that anyone else knows your username and password or that anyone has logged in as you.
2.5 You warrant and represent that any information that you provide to us is true, complete and accurate and you shall promptly inform us of any changes to such information.
2.7 We may at any time and for any reason refuse to accept a registration from any end-user.
3. THE SERVICE
3.1 The Service is made available to you solely to enable you to obtain quotations from Suppliers with a view to you entering into a transaction with a Supplier. We will not be party to any such transaction with a Supplier and all such transactions are subject to the relevant Supplier’s own terms and conditions.
3.2 You acknowledge and agree that in order to provide the Service we may pass the information, or any part thereof, that you provide to us in accordance with Clause 2.2 to Suppliers for the purpose of obtaining quotations from such Suppliers. We will obtain your consent prior to sending any such information to any Supplier.
3.3 We may at any time withdraw any Supplier (or any product or service of any Supplier) from the Service.
3.4 As a result of using our service you acknowledge that we may be paid a commission from a supplier for placing your contract with them.
4. ACCESS TO AND USE OF THE WEBSITE, SERVICE AND CALL CENTRE
4.1.1 Your authorisation to use the Website will automatically and immediately terminate;
4.1.2 You must immediate cease your use of the Website and destroy any materials downloaded or printed from the Website; and
4.3 Notwithstanding Clause 4.2 above, there may be times when the Website, the Call Centre and/or the Service may be unavailable. Such unavailability may be planned (for example, where we are carrying out planned maintenance or upgrades) or unplanned (for example, where there is a hardware or software failure). We will use reasonable endeavours to ensure that disruption resulting from any unavailability is kept to a minimum.
4.4 You acknowledge and accept that you will not be able to use the Website, the Call Centre or the Service when they are unavailable
4.5 We do not guarantee that the Service will be free of faults. In the event of a fault in the Service, please report it to us by telephone on 0207 112 4951 or send us email on email@example.com.
4.6 Without limitation, you undertake when using the Website or Call Centre that you will not, nor will you allow anyone else, on your behalf, to:
4.6.1 distribute any material which is grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
4.6.2 cause annoyance, inconvenience or needless anxiety;
4.6.3 intercept or attempt to intercept any communications transmitted by way of a telecommunications system or otherwise that are not intended for you;
4.6.4 act otherwise than in accordance with accepted Internet practices and practices of any connected networks;
4.6.5 do anything which incites hatred against or adversely affects (or is intended to incite hatred against or adversely affect) any ethnic, racial, religious or minority group or any individual;
4.6.6 upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Website;
4.6.7 impersonate others;
4.6.8 promote any activity that is illegal; or
4.6.9 use software to harvest information from the Website;
4.6.10 furnish false data, including, but not limited to, false names, addresses and contact details;
4.6.11 attempt to circumvent the Website’s security or network, log into a server or account that you are not expressly authorised to access or probe the security of other networks (for example by running a SATAN scan or any similar tool);
4.6.11 Send unsolicited email messages;
4.6.13 Creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
4.6.14 Enter or attempt to enter into fraudulent transactions with Suppliers nor enter or attempt to enter into transactions with Suppliers on behalf of a third party where you do not have authority to bind such third party; or
4.6.15 Offers for sale any of the Supplier’s products or services without first obtaining the relevant Supplier’s prior written consent.
4.7 You agree to comply with all reasonable instructions that we may give you regarding your use of the Website or the Call Centre.
4.8 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access the Website. You are also responsible for ensuring that no one else uses your equipment to access the Website without your permission. We will be entitled to assume that anyone who accesses the Website using your equipment has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons.
5.1 Access to our Website (www.makeitswitch.com) is currently free of charge (although you will be charged to purchase products or services from a Supplier). We reserve the right to stop offering the Website free of charge at any time but will notify you of any applicable charges before any such charges are levied.
5.2 You acknowledge and agree that you will be responsible for the payment of any amounts payable to any Supplier in accordance with the terms of any agreement entered into with such Supplier and that we will not be liable for any such payment.
6. REFERRALS TO SUPPLIERS
6.1 If, following your receipt of a Supplier’s quotation, you are interested in purchasing the products or services provided by that Supplier, you must confirm to us your desire to purchase such products or services.
6.2 Once you have selected a Supplier’s products or services and confirmed your desire to purchase such products or services we will forward your information on to the relevant Supplier (a “Referral”).
6.3 Following a Referral, if you wish to purchase the products or services offered by a Supplier, you will need to enter into an agreement with the relevant Supplier in respect of your purchase of such products or services. We will not be a party to, nor will we have any liability under or in respect of, any agreement entered into between you and a Supplier and you hereby acknowledge and agree that we will not be responsible for assisting you with the negotiation, administration or processing of any agreement between you and any Supplier. Any complaints as to the quality of the products or services purchased from a Supplier must be directed to the relevant Supplier from which you have purchased such products or services.
6.4 Once you have entered into an agreement with a Supplier for the purchase of any of that Supplier’s products or services we will send you a confirmation email setting out the details of the products or services you have purchased and the identity of the relevant Supplier.
7. TITLE AND RISK
You acknowledge and agree that title and risk in and to any products or services that you purchase from a Supplier shall pass to you in accordance with the terms of the agreement that you enter into with such Supplier.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All Intellectual Property Rights in and to the Website and content and information available on the Website shall remain our property and you acknowledge and agree that you shall not obtain, nor shall you attempt to obtain, any title to any such Intellectual Property Rights.
8.3 You may view, download and print any content, Software, materials and/or information made available to you through the Website, subject to the following conditions:
8.3.1 the content, Software, material and information may only be used for Your personal and non-commercial purposes;
8.3.3 the content, Software, material and information may not be modified, decompiled, reverse engineered, disassembled or altered in any way;
8.3.5 You will only use the Software in executable form and only to the extent necessary to enable you to use the Service; and
8.3.6 You will not remove any copyright or other proprietary notices contained in the content, material or information.
9.1 We will use all reasonable endeavours to ensure that the information relating to a Supplier’s products and/or services (including, but not limited to, the cost of such products and/or services) is updated regularly. However, you acknowledge that such information is not updated every day and that it is your responsibility to verify such information with the relevant Supplier.
9.2 We will exercise all reasonable skill and care in providing the Website and any information relating to a Supplier’s products and/or services. We are not able to guarantee the availability of the Website or the accuracy, completeness, currency or reliability of any content, materials or information on the Website that derives from third parties (including, without limitation, any Suppliers).
9.4 Without limiting the foregoing, we cannot guarantee, and do not promise, that the Service, the Website and/or Call Centre and all materials and information provided through the Service, the Website and/or Call Centre will meet your requirements. Therefore we advise you to check any materials or information provided to you via the Service, the Website and/or Call Centre as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.
10. LIMITATION OF LIABILITY
10.1.1 Death or personal injury arising from our own negligence; or
10.1.2 Loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or
10.1.3 Other liability which cannot by law be excluded or limited.
10.2 Subject to Clause 10.1 above, you agree that we shall not be liable for any:
10.2.1 Direct loss, claim or damage;
10.2.2 Indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including, but not limited to, any lost savings or loss or corruption of data); or
10.2.3 Loss of profit (whether direct or indirect),
In each whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with:
(a) Any use of the Website, the Call Centre or the Service;
(b) Any contract, agreement or arrangement entered into by you, on the one hand, and by a Supplier on the other hand;
(c) Any action, omission, negligence, wilful misconduct, deceit or fraud of any Supplier;
(d) Any use of any of the products or services provided by any Supplier;
(e) Any failure or delay in the use of any component of the Website or any service including, without limitation, any unavailability of the Website, the Call Centre or the Service, irrespective of the duration of any period of unavailability; or
(f) Any use of or reliance upon any information, material, Software, products or services obtained through the Website or Call Centre, in all cases even if we have been forewarned of the possibility of such loss or damage.
10.3 Without limiting the effect of Clause 10.2, due to the inherent risks of using the Internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when you are using or browsing the Website. The downloading or other acquisition of any materials, Software, content or information through the Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.
10.5 We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.
10.6 In performing any obligation under this Agreement, our only duty is to exercise reasonable care and skill.
10.7 You acknowledge and agree that, in no circumstances will we have any liability whatsoever to you in respect of any transaction with a Supplier. We will not be responsible for any loss, cost or damage incurred by you arising out of or in relation to the transaction or attempt to enter into a transaction (including but not limited to failure to transmit or deliver any services, products or goods).
11.1 We shall be entitled to remove the Website or cease provision of the Call Centre and/or the Service and/or terminate your registration to the Website at any time, in our absolute discretion, for any reason whatsoever.
11.2 You shall be entitled to terminate your registration to the Website at any time by written notice to us at the address set out above.
11.3 Termination of your registration to the Website, howsoever caused, shall not affect the accrued rights and liabilities of either you or us at the time of such termination.