Terms

Please read these terms and conditions carefully before using the SmartestEnergy website or any portal.

Terms of use

These terms (these “terms”) tell you the terms upon which you may make use of our website www.smartestenergy.com together with use of the following portals whether as a guest or a registered user (each a “portal” the website and/or one or more portals being our “site”):

SmartestEnergy Limited:

• SmartFlex Trading Portal
• Asset Optimisation Tool
• Meter Data Reporting Tool
• Position and Price Reporting Tool
• End of Day Market Price Reporting Tool 
• Billing Tool (eBilling)

SmartestEnergy Business Limited:

• SmartWeb Online
• Broker Portal
• Web Analyser Service

Use of our site includes accessing, browsing, or registering to use our site or use of one or more of the portals.

Information about us

The Domain www.smartestenergy.com contains sites operated by SmartestEnergy Limited and SmartestEnergy Business Limited (‘SEL’, ‘SEBL’, ‘we’ ‘us’).

• SmartestEnergy Limited is registered in England and Wales: No. 3994598. VAT No. 773846584. Registered Address: The Columbus Building, 7 Westferry Circus, London, E14 4HD.
• SmartestEnergy Business Limited is registered in England and Wales: No. 06468946. VAT No. 976297655. Registered Address: Ridgeworth House, Liverpool Gardens, Worthing, West Sussex BN11 1RY.
  

To contact us, please email info@smartestenergy.com or +44 (0)1473 234 151.

We, together with the products and services we sell and provide, are regulated by the Office of the Gas and Electricity Markets, more commonly known as OFGEM.

By using the site you accept these terms

By using the site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use the site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of the site.  In the event of any conflict or inconsistency between these terms and any of the additional terms below, the additional terms will take precedence and prevail over these terms:

• Our Privacy Notice: https://smartestenergy-sel-prep.emperordev.com/footer/privacy/
• Our Cookie Policy: https://www.smartestenergy.com/en_gb/cookie-declaration/, which sets out information about any cookies on the site
• Terms and Conditions relating to the 'Position and Price Reporting Tool' and 'End of Day Market Price Reporting Tool' (The Source): https://thesource.smartestenergy.com/Terms/Terms
• Terms and Conditions relating to the Asset Optimisation Tool: https://www.smartestenergy.com/en_gb/customer-service/source-optimisation
  
• Terms and Conditions relating to The SmartFlex Trading Portal: https://www.smartestenergy.com/customer-service/smartflex

We may make changes to these terms

We amend these terms from time to time by amending this page. Every time you wish to use the site, please check these terms to ensure you understand the terms that apply at that time as they are binding on you.

We may make changes to the site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing 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 be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and that they comply with them.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party other than your advisers and provided they have signed and you have returned a letter of authority to us, it is your responsibility to make sure that they are aware of these terms and that they comply with them.

In the event you have provided any of your advisers with a user identification code, password or any other piece of information as part of our security procedures and you cease to use such adviser, you shall be responsible for withdrawing access to the relevant parts of our site.

Where passwords or access to parts of our site are agreed to time-out after a certain period of time, it will be your responsibility to use the site to renew such passwords or access.

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 of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly change your password and notify us at compliance@smartestenergy.com.

You shall affect and maintain adequate security measures to safeguard the site you use from unauthorised access, use or copying.

Intellectual Property Rights

Either we or the third party provider of the site (the “Service Provider”) are the owner or the licensee of all intellectual property rights in that portal.  Intellectual property rights means rights including but not limited to: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and each Service Provider reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that either us or the Service Providers remain owners of them and free to use them as we see fit. The use of our intellectual property on the site is strictly prohibited unless you have our prior written permission.

Nothing in these Terms grants you any legal rights in the site other than as necessary to enable you to access the site. You agree not to adjust, try to circumvent or delete any notices stating that intellectual property is owned by us or the Service Providers contained on the site; any digital rights or other security technology embedded or contained within the site.

Trademarks: The use of any trademarks on the site is strictly prohibited unless you have our prior written permission.

No licence, express or implied, is granted by virtue of your right to access and use of the site.

Copyright

All material on these pages, including without limitation text, logos, icons, photographs and all other artwork, is copyright material of SmartestEnergy Limited and SmartestEnergy Business Limited, unless otherwise stated.

Material provided by any 3rd party, including material obtained through links to other sites from SmartestEnergy Limited or SmartestEnergy Business Limited pages, is likely to be the copyright material of the author. In such cases permission to copy or otherwise use such material should be sought from the author.

Software

Software may be made available for you to download in order to help the site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an ‘end user licence agreement’ or ‘EULA’). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal rights are under, eg, the Consumer Rights Act 2015, what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you).

Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.

Submitting information to the site

While we try to make sure that the site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (“Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions.

We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

Information on the site

The content on the 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 the content on the site.

Although we make reasonable efforts to update the information on the site, we make no representations, warranties or guarantees, whether express or implied, that the content on the site is accurate, complete or up to date.

How we may use your personal information

We will only use your personal information as set out in our Privacy Notice.

Hyperlinks and third party sites

The site may contain hyperlinks or references to third party websites or references. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

Limitation on our liability

To the extent permitted by the laws of England we expressly exclude any liability:

• For direct, indirect and consequential loss or damage (including, loss of income, use, revenue, business, profits, contracts, anticipated savings, goodwill, wasted management or office time, data or corruption of data) however such loss or damage arises and whether incurred by you in connection with our website; the use, inability to use, failure to access, or results of the use of our website; your use of any sites linked to our website; and/or any materials or content posted on our website or a third party site.
• For any loss or damage which was not reasonably foreseeable by you or us.
• For the accuracy, suitability, quality or completeness of any information and the value and integrity of goods and services offered through our website.
• For any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or other technologically harmful material that may infect your computer, equipment, programs, data or other proprietary material as a result of your use of our website or any site linked to or from it.
• Arising from any reliance placed on content accessible on or via our website. Information provided by us does not constitute legal or professional advice (financial or otherwise) and shouldn’t be relied upon without taking independent advice. You are wholly responsible for any decisions that you make as a result of information you read. You must not rely on information on our website when making any investment decision or a decision to buy financial services from any organisation.

To the extent permitted by the laws of England we do not provide warranties of any kind, including suggestions that our products and/or services will be of satisfactory quality, fit for purpose, secure and/or accurate.

Nothing in these terms removes or limits our liability for fraud, death or personal injury caused by our negligence or for any liability which can’t be limited or excluded by English law.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our terms and conditions of supply.

Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

Viruses

We do not guarantee that the site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the site. You should use your own virus protection software.

You must not misuse the 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 the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via 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 we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.

Provision of a data processing service

You shall not use (nor allow any third party to use) the site or any output of the site to provide a data processing service to any third party by way of trade or otherwise.

Applicable law

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.