GENERAL CONDITIONS OF PARTICIPATION
Definitions and Interpretations used in these General Conditions
References to “we” or “us” mean Modern Energy Ltd t/a Energy Solutions, a private limited liability company established at Hudson House, 8 Albany Street, Edinburgh, EH1 3QB.
“Collective Purchase” means a reverse auction or tender in which Suppliers bid to provide services to you (and other participants in the reverse auction) and in which you have the option of purchasing energy from the Supplier that wins the auction.
“Participant” means a (legal) person, whose enrolment for Collective Purchase Schemes is confirmed by us.
“Supplier” means an energy provider offering the product or service for Collective Purchase.
“Winning Bid” means the bid selected by Energy Solutions on the basis of what we considers to be the best deal.
Anything expressed to be in “writing” shall mean letter, email and fax correspondence and permissions indicated by electronic submission via the internet.
- We provide an independent online service, which enables you to participate in a reverse auction for energy deals with energy suppliers. This service is free for you to use. Nothing on this Site or in our written personal communication is, or shall be deemed to constitute a recommendation or endorsement by us in respect of any supplier, product or service referred to on this Site. Information on this Site as well as information sent to you by post is provided for general information purposes only, should not be relied upon by you and is provided so that you can consider whether you are interested in entering into a direct contract with an energy supplier. The energy suppliers taking part in the auctions will be making competing bids to offer their terms to eligible Participants.
- You should always check the suitability, adequacy and appropriateness of the product or service that is of interest to you and it is your sole decision whether to obtain or refrain from obtaining any product or service. If you are in any doubt as to the suitability, adequacy or appropriateness of any product or service referred to on this Site or in our written personal communication, we suggest that you seek independent professional advice before you enter into a direct contract with an energy supplier.
- Enrolment and registration on the site is free. Energy Solutions reserves the right to refuse enrolments or remove registrations. Your enrolment or registration on the Site is not a guarantee that you will be offered energy supply terms by any energy supplier. Sometimes the energy suppliers who participate in our reverse auctions are unable to offer terms to all the Participants.
- The Participant must be at least 18 years old and live at an address, which can be verified by Energy Solutions; or is a company limited by shares or by guarantee.
- The Participant guarantees that the information provided by them is correct and, if changes are made to such information, the Participant will notify Energy Solutions in writing and if the winning Supplier has already been made known to the Participant, to that Supplier as well.
- The Participant can be excluded by Energy Solutions from certain Collective Purchase schemes if, in our reasonable opinion, the Participant provides insufficient information for us to operate such Collective Purchase schemes in relation to the Participant.
- The Participant grants permission for Energy Solutions to telephone them in order to answer any questions the Participant may have or to make clarifications.
- The Participant warrants that there are no facts or circumstances that prevent them from lawfully participating in any Collective Purchase schemes or from switching gas and/or electricity suppliers should they wish to do so.
- The products and services offered via this Site are not provided by us but are instead provided by third parties (the Suppliers) over whom we do not have control. It is your responsibility to satisfy yourself that you wish to obtain any product or service before entering into a contract with a Supplier and we strongly recommend that you read that contract carefully before entering into a contract with the Supplier.
- Subject to Clause 12 below, we are not responsible or liable for any loss or damage you may suffer or incur in connection with any product or service you obtain after using this Site or for any acts, omissions, errors or defaults of any third party in connection with that product or service.
- Nothing in these General Conditions excludes or limits our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation.
- Energy Solutions cannot be held liable for any defect, loss or damage relating to intrusion into its computer system, or to the presence of a virus, or faults, which may affect certain functions of the Site. In view of the particular technical characteristics of the internet, Energy Solutions cannot rule out the possibility of interruption of access to the site due to maintenance, delay in the transfer of information, or a defect in its server.
- If as a consequence of facts and circumstances beyond its control, or not attributable to it, Energy Solutions is hindered from completing part or all of its activities, it has the right to suspend execution of them.
- These General Conditions and any disputes arising out of or in connection with them are subject to English law.
- Energy Solutions reserves the right to amend these General Conditions. Amendments enter into effect 24 hours after they have been published on the Site.