uSwitch Terms and conditions

uSwitch terms and conditions

The following are the terms and conditions of use of the uSwitch.ie website and call centre. Please read these terms and conditions carefully before you use the uSwitch website or call centre.

By using the uSwitch website or call centre you indicate that you accept these terms and conditions. If you do not accept these terms and conditions you must not use the uSwitch.ie website or call centre.

1. PARTIES

1. This Agreement is made between you the customer ("Customer") and Forward Internet Ireland Limited, Company No 484948 registered in the Republic of Ireland having its registered office at 53 Merrion Square, Dublin 2 ("uSwitch.ie");

2. In this Agreement, unless the context otherwise requires:

3. uSwitch.ie reserves the right to amend these terms and conditions at any time. All amendments to these terms will be posted on-line.

The Customer may terminate the Agreement by written notice to uSwitch.ie if the Customer does not wish to be bound by such new terms and conditions.

Continued use of the Service or the uSwitch.ie website will be deemed to constitute acceptance of the new terms and conditions.

2. PROVISION OF THE SERVICE

Use of the Services, the uSwitch.ie website and the uSwitch.ie call centre are subject to the terms and conditions set out in this Agreement.

The Service is made available to Customers solely to communicate information and to permit the Customer to obtain quotations from Suppliers or transact with Suppliers. uSwitch.ie will not be party to any such transactions with Suppliers and all such transactions are subject to the terms and conditions of the relevant Supplier and uSwitch.ie shall in no circumstances have any liability whatsoever in respect of any such transaction. uSwitch.ie will not be responsible for any loss, cost or damage incurred by Customers 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).

The Customer acknowledges that where relevant uSwitch.ie may pass his or her details to Suppliers or potential suppliers for the purpose of attracting offers to supply services from such Suppliers or potential suppliers. uSwitch.ie will obtain the Customers consent prior to sending such details to Suppliers or potential suppliers.

uSwitch.ie does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Services on or accessed via the uSwitch.ie website, the uSwitch.ie call centre or otherwise sent to the Customer and the Customer agrees that sole responsibility for the accuracy, completeness, fitness for purpose or legality of information relating to Supplier's information, goods or services shall rest with the Supplier.

uSwitch.ie will use all reasonable endeavours to ensure that the information relating to Suppliers' services and the cost of such services is updated regularly. However, the Customer acknowledges that the prices are not updated every day and that it is the Customer's responsibility to verify prices with the Supplier.

uSwitch.ie does not guarantee to provide the Service free of faults. In the event of a fault in the Service, the Customer should report it by telephone on the support number provided to the Customer.

uSwitch.ie does not warrant that the Customer's use of the Service will be uninterrupted and does not warrant that any messages or information transmitted via the Service will be transmitted accurately, reliably, in a timely manner or at all. uSwitch.ie reserves the right to make the Service unavailable at any time, or to restrict access to parts or all of it without notice.

uSwitch.ie may at any time withdraw any Supplier (or any product or service of a Supplier) from the Service.

Without limitation, the Customer undertakes not to use or permit anyone else to use the Services or uSwitch.ie website:

If the Customer uses (or anyone other than the Customer, with Customer's permission uses) the Service in contravention of this Agreement, uSwitch.ie may suspend the Customer's use of the Services.

If uSwitch.ie suspends the Services, it may refuse to restore the Services until it receives an assurance from the Customer, in a form deemed acceptable by uSwitch.ie that there will be no further breach of the provisions of this Agreement.

uSwitch.ie reserves the right to block access to and/or to edit or remove any material which in its reasonable opinion may give rise to a breach of Clause 2.

The Customer grants uSwitch.ie a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any material transmitted by the Customer via the Services, save where such message is transmitted by way of private correspondence.

Title, ownership rights and intellectual property rights in and to the content accessed using the Services is the property of the applicable content owner or Supplier and may be protected by applicable copyright or other law. The Agreement gives the Customer no rights to such content.

The following uses of the Services are expressly prohibited:

3. PAYMENT

1. Use of the uSwitch.ie website is currently free. However, uSwitch.ie reserves the right to charge the Customer for certain services or impose charges for use of services that were free. The Customer will be clearly notified of any applicable charges before any such services can be selected or before any charges are levied.

2. The Customer shall be responsible for transmitting all payments due to Suppliers on the terms agreed with the relevant Supplier and uSwitch.ie shall have no responsibility for transmission of payments to a Supplier.

3. Certain Suppliers will require details of the Customer's credit or debit card and the Customer hereby agrees to provide such details to uSwitch.ie where necessary and to the forwarding of such details by uSwitch.ie to the relevant Supplier.

4. CUSTOMER'S OBLIGATIONS

1. uSwitch.ie will inform the Customer of any applicable terms and conditions imposed by a Supplier, in relation to the supply of its services, products and/or goods and the Customer agrees to abide by those terms and conditions.

2. The Customer acknowledges that the Customer will be required to fully and accurately complete a registration process, which will include the creation of a password, in order to have access to Save-a-Search.

3. The Customer warrants that all information provided on registration and during the course of this Agreement is true, complete and accurate and that the Customer shall promptly inform uSwitch.ie of any changes to such information.

4. Any password allocated to or created by the Customer to enable the Customer to use the Services shall be kept confidential by the Customer and the Customer shall immediately notify uSwitch.ie if any authorised third party becomes aware of that password.

The Customer agrees that any person to whom its user name or password is disclosed is authorised to act as the Customer's agent for the purposes of transacting via the Service. The Customer shall take reasonable steps to prevent unauthorised access to its account via any computer the Customer uses to access its account.

5. INTELLECTUAL PROPERTY RIGHTS

1. All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the uSwitch.ie website, information and content on the uSwitch.ie website, any database operated by uSwitch.ie and Software shall remain the property of uSwitch.ie and the Customer shall not obtain, and shall not attempt to obtain any title to any such intellectual property rights.

2. No part of the Service may be reproduced in any form or used in any other way except in accordance with these terms and conditions.

3. uSwitch, uSwitch.ie, uSwitch.com, uSwitch.co.uk and the uSwitch logo are registered trade marks of uSwitch.com. You must not use these or any other registered or unregistered trade marks on the Service without the prior written permission of uSwitch.com.

4. uSwitch.ie grants the Customer a non-exclusive non-transferable licence to use the Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose.

6. TERMINATION

1. uSwitch.ie shall be entitled to suspend the Services and/or terminate this Agreement if:

2. The right to terminate this Agreement shall not prejudice any other right or remedy of uSwitch.ie in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

7. CUSTOMER BREACH

1. The Customer shall compensate uSwitch.ie in full for each loss, liability or cost incurred by uSwitch.ie arising out of:

  1. any claims or legal proceedings arising from the Customer's use of the Services or use of the Services through the Customer's password which are brought or threatened against uSwitch.ie by any other person; or
  2. any breach of this Agreement by the Customer.

8. LIMITATION OF LIABILITY

1. Nothing in these terms and conditions limits or excludes the liability of uSwitch.ie for death or personal injury caused by uSwitch.ie's negligence or any other liability which may not be limited or excluded under applicable law.

2. uSwitch.ie will use its reasonable endeavours to ensure that information provided to it by Suppliers is accurate but uswitch.ie does not guarantee the accuracy, completeness, legality or suitability for the Customer's needs of any information which is provided to the Customer by any Supplier and/or is accessed or obtained by the Customer via the uSwitch.ie website, the uSwitch.ie call centre or otherwise through using the Service.

3. Subject to clause 8.1, you agree that uSwitch.ie will not be liable for any loss, claim or damage (whether direct or indirect) which arises out of or is in any way connected with:

9. DATA PROTECTION

1. uSwitch.ie shall comply with all applicable data protection laws in the Republic of Ireland. For a description of how uSwitch.ie uses personal data the Customer should refer to uSwitch.ie's privacy policy.

10. NO PARTNERSHIP / AGENCY

1. Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between the Customer and uSwitch.ie and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

11. ASSIGNMENT

1. The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. uSwitch.ie shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity

12. FORCE MAJEURE

1. uSwitch.ie shall not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including without limitation by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

13. ENTIRE AGREEMENT AND NO WAIVER

1. This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written.

2. No waiver by uSwitch.ie of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by uSwitch.ie to the Customer shall in any way release, discharge or otherwise affect the liability of the Customer under this Agreement.

14. NOTICES

1. This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written.

2. No waiver by uSwitch.ie of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by uSwitch.ie to the Customer shall in any way release, discharge or otherwise affect the liability of the Customer under this Agreement.

15. GOVERNING LAW

1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Ireland and both parties hereby submit to the non-exclusive jurisdiction of the courts of the Republic of Ireland.