In these Terms and Conditions, First Utility Ltd of 19 South Audley Street, London, W1K 2NU (trading as 'first:utility') is referred to as "We", "Our" or "Us" and We operate this web site ("Web Site"). Visitors to and registered users of this Web Site are referred to as "You," "Yourself" and "Your."
We aim to provide You, through this Web Site, with, amongst other things, service information and rate information. By using this Web Site You will be bound by these terms and conditions (" Terms and Conditions ") and Our privacy policy
(" Privacy Policy ").
You must read and understand these Terms and Conditions and the Privacy Policy before using this Web Site. If You do not agree to these Terms and Conditions and/or the Privacy Policy You must not use this Web Site or any service provided via it.
1.1 You must not use this Web Site for anything that is unlawful or is prohibited by these Terms and Conditions and/or any notices elsewhere on this Web Site.
1.2 We will try to ensure that the information We provide on this Web Site is true, accurate and complete. However, We are not in anyway responsible if it is not. You should exercise no lesser degree of caution in appraising what You see on this Web Site than You should do offline.
1.3 When using this Web Site, You must not do any of the following:
(a) delete any author attributions, legal notices or proprietary designations or labels in any filethat is uploaded;
(b) falsify the origin or source of software or other material contained in a file that is uploaded;
2.1 You will need to have a first:utility account and register to this website if You wish to enter certain areas of it or to use some services available via it.
2.2 Our Use of the information you provide in registering or as a result of registering is set out in Our Privacy Policy and/or our terms and conditions of service.
2.3 You must provide true, accurate, current and complete information about Yourself when updating your details. You must maintain and update this information and keep it true, accurate, current andcomplete. If any information provided by You is not, We have the right to cancel Your account and refuse any and all current or future use of this Web Site.
2.4 You must not tell anyone else Your service 4-digit PIN code or password. Any unauthorised use of either of them must be reported to customer.service@firsttelecom.com as soon as You are aware ofsuch use and We will, as soon as reasonably possible, reset your 4-digit PIN code or password for You.
2.5 We may, for security or other reasons, require You to change Your 4-digit PIN code and/or password or other information which facilitates access to this Web Site or its services.
3.1 You acknowledge and agree that all content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material contained in sponsor advertisements or information presented to You by Us, Our partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
3.2 You acknowledge and agree that You are permitted to use this material and information for Your personal use or as expressly authorised by Us, Our partners or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorisation from its author.
4.1 Without prejudice to any remedy that We may have against You, We may terminate or suspend with immediate effect and without notice Your access to and use of this Web Site, or Your account if We:
(c) reasonably believe that You have breached any of these Terms and Conditions;
(d) are unable to verify the accuracy or validity of any information provided by You; or
(e) suspect fraudulent, abusive or illegal activity by You.
4.2 Should You object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Web Site in any way, Your only recourse is to immediately discontinue to access or use this Web Site.
5.1 We reserve the right to amend and alter these Terms and Conditions at any time. In the event these Terms and Conditions are altered We will post the amended Terms and Conditions on this Web Site. Changes will apply from the date of posting.
5.2 You may not alter these Terms and Conditions or the Privacy Policy without Our express written agreement.
5.3 If after the Terms and Conditions and/or the Privacy Policy have been amended or altered You do not agree to their terms, You must stop using this Web Site.
6.1 Whilst We will try to provide You with uninterrupted access to this Web Site and its services, We may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Web Site where We have a legal, technical or other good reason to do so (including technical difficulties experienced by Us or on the Internet).
6.2 If We fail to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision.
6.3 If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
6.4 These Terms and Conditions shall be governed by and construed in accordance with English Law. Both parties submit to the [non-]exclusive jurisdiction of the English Courts.
6.5 Neither party shall be liable for any breach of these Terms and Conditions due to any cause beyond its reasonable control.
6.6 These Terms and Conditions set out Our entire agreement and understanding with respect to the subject matter of these Terms and Conditions and supersedes all representations, communications and prior agreements (written or oral). Each party acknowledges that:
(a) upon entering into these Terms and Conditions, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms and Conditions or not) except those expressly set out in these Terms and Conditions;
(b) the only remedy available in respect of any misrepresentation or untrue statement made to it shall be a claim for damages for breach of contract under these Terms and Conditions; and
(c) this clause shall not apply to any statement, representation, or warranty made fraudulently, or to any provision of these Terms and Conditions which was induced by fraud, for which the remedies available shall be those available under English law.
6.7 Unless expressly provided in the Agreements no term of them is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
You must report any violations of these Terms and Conditions to customer.service@first-utility.com