In these Terms and Conditions, First Utility Limited, a company registered in England and Wales with company number 05070887, of Columbus House, Westwood Way, Westwood Business Park, Coventry CV4 8HS (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."
1. Your Use of this Web Site
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. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Web Site. We do not guarantee that the Web Site will be fault free and do not accept liability for any errors or omissions.
1.3 You should exercise no lesser degree of caution in appraising what You see on this Web Site than You should do offline.
1.4 Due to the nature of electronic transmission of data over the internet any liability We may have for any losses or claims arising from an inability to access the Web Site, or from any use of the Web Site or reliance on the data transmitted using the Web Site, is excluded to the fullest extent permissible by law. In no event shall We be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Web Site save where such liability cannot be excluded by law.
1.5 We do not give any warranty that the Web Site is free from viruses or anything else which may have a harmful effect on any technology.
1.6 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 file that 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.
2.3 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 and complete. 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. If there has been any unauthorised use of either of them, you can re-set your password online here.
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 which We or Our licensors own.
3.2 You acknowledge and agree that You are permitted to use this material and information solely to enable You to use this Web Site for Your personal use or as otherwise expressly authorised in writing by Us, Our partners or advertisers. You agree that You may not copy, reproduce, transmit, sell, distribute, or create derivative works of such content or information without Our express prior written authorisation.
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:
(a) reasonably believe that You have breached any of these Terms and Conditions.
(b) are unable to verify the accuracy or validity of any information provided by You; or
(c) 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. Amendment to these Terms and Conditions
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.
6. Links from other websites
You may have accessed this Web Site through another web site. We are not responsible for the content of any other web site or the way in which information obtained via any other web site is used.
Other websites are permitted to provide links to this Web Site but only where it is made clear that this is a separate site.
Links to third party websites on the Web Site are provided solely for Your convenience. If You use these links, You leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If You decide to access any of the third party websites linked to the Web Site, You do so entirely at Your own risk.
7.1 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).
7.2 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.
7.3 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.
7.4 These Terms and Conditions, and any non-contractual rights and obligations arising in connection with them, shall be governed by and construed in accordance with English Law. Both parties submit to the [non-]exclusive jurisdiction of the English Courts.
7.5 Neither party shall be liable for any breach of these Terms and Conditions due to any cause beyond its reasonable control.
7.6 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.
7.7 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.