Terms And Conditions, Privacy and Cookie policy  

Terms relating to The Consumer Protection (Distance Selling) Regulations 2000
Where the Customer is a consumer within the meaning of The Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations"), then Regulation 10 thereof gives the Customer the right to cancel this Agreement within seven business days after the day on which the contract with the Company is concluded unless in the meantime the Company has been requested to and commences performance of the Service. By transmitting or otherwise submitting a Search Request to the Company the Customer confirms that it requests and agrees to the Company commencing the Services and acknowledges that the processing by the Company of the Search Request constitutes commencement by the Company of the performance of the Service and accordingly the Customer has no right thereafter to cancel this Agreement pursuant to the Regulations.

Website usage terms and conditions
Welcome to our website. If you continue to browse and use this website, or the services which Utilitysearch or Utilitysearch Limited. provides (including postal, electronic or other forms of communication), you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Utilitysearch’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website or services.


1. GENERAL
1.1 The term ‘Utilitysearch’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Utilitysearch Limited, Mansell House, Aspinall Close, Horwich, Bolton, Gtr Manchester BL6 6QQ. Our company registration number is 5122100, registered in England. The term ‘customer’ or ‘you’ refers to the user or viewer of our website/services.
1.2 By signing and returning these terms and conditions or electronically accepting them by registering on the website or otherwise to use our services; the Customer agrees to be bound by the terms and conditions contained herein in relation to the Services.
1.3 The content of the pages of this website is for general information and use of Customers. It is subject to change without notice.
1.4 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

2. DEFINITIONS The following definitions apply:
2.1 ‘Agreement’ means the agreement incorporating these terms and conditions between the Company and the Customer for provision of services
2.2 ‘Charges’ means the Data Providers charges.
2.3 ‘Registration form’ means the form to be completed by the Customer with information on contact details, branch addresses and passwords.
2.4 ‘Data provider’ means a third party source of information, data or material included in search results.
2.5 ‘End user’ means the client of the Customer for whom the Search Request was made or a person who is (considering) acquiring an interest in or charge over the property to which the search results relate.
2.6 ‘Utilitysearch materials’ means the materials and software in whatever form or media, accompanying documentation (including licenses for the provision of data by Data Providers), and all other tangible and intangible materials supplied by the Company to the Customer for the transmission of search requests and receipt of services.
2.7 ‘Search request’ means a request from the Customer in the required form to the Company, in respect of specified property.
2.8 ‘Search results’ means any information or data provided by the Company or the Data Provider in response to a Search Request from the Customer.
2.9 ‘Services’ means the provision of assistance to the Customer in identifying applicable property and/or identifying and processing searches in relation to particular property; and/or delivering Search Requests received to selected Data Providers and (except where the Data Provider decides to return the Search Results directly to the Customer or its nominee) returning Search Results to the Customer.
2.10 ‘Website’ means the websites or online services and interfaces of the Company from which the Customer can make Search Requests and view their progress (the current address of which is https://www.utilitysearch.com)
2.11 ‘Credit customers’ means those customers ordering on a credit account agreed and set up by the Company in accordance with credit terms.

3. RIGHTS GRANTED & SERVICES PROVIDED
3.1 The Company shall provide the Services to the Customer.
3.2 The Customer shall be permitted to make and store electronic or hard copies of the Search Results for its own internal purposes; incorporate the Search Results into written advice prepared by the Customer in the normal course of its business; and disclose the Search Results in the normal course of the Customer's business to the End User.
3.3 The Customer may only provide the Search Results to an End User for a directly corresponding Search Request. The Customer shall not store the Search Results (or extracts or elements thereof) in any database (other than as required for tracking and auditing service performance or for legal or regulatory compliance purposes) or make ongoing/multiple uses of the Search Results to populate other unrelated Search Requests or otherwise. A breach of this provision shall be deemed irremediable and the Company will have the right to immediately terminate this Agreement.

4. CHARGES
4.1 The charges made by the Company will be those levied by the Data Providers, applicable on the date of the relevant search request and given on the ‘Overview’ page of the website.
4.2 Charges are exclusive of any value added tax, for which the customer is liable at point of payment, at the applicable rate.
4.3 The risk of input or submission of information is with the Customer. The Customer entering an incorrect address or requesting searches in error will not remove or limit the Customer's obligation to pay the Charges in respect of any Search Request.
4.4 The Company will either manually or electronically (at its discretion) invoice the Credit Customers on a regular basis at the address provided by the Customer on the Registration Form. The Customer shall discharge the invoiced sums within 15 days of the date of the invoice via a direct debit arrangement, by methods provided on the invoice or unless otherwise agreed.
4.5 Customers paying by credit card; make payment at time of ordering and in agreement with the relevant terms displayed.
4.6 The Company shall be entitled to charge additional fees in relation to late payments by the Customer reserves the right to suspend or discontinue the Services without notice to the Customer until such invoices have been paid in full.

5. LIABILITY
5.1 The Customer acknowledges and accepts that the Company only provides the Services to it on the express condition that the Company will not be responsible for nor shall it have any liability to the Customer, the Customer's clients or any other third party directly or indirectly whether in contract or otherwise for:
5.1.1 inaccuracies or errors in or omissions from any Search Results provided by a Data Provider;
5.1.2 inaccuracies or errors in or omissions from any register or other information source maintained or used by a Data Provider; or
5.1.3 any act or omission of a Data Provider.

5.2 The Company shall not be liable for any loss or damage sustained by the Customer, the Customer’s clients, or any other third part whether directly or indirectly in contract or otherwise making use of or relying on the search Results. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

5.3 The Company does not exclude or restrict its liability for personal injury or death caused by negligence, exclusion or restriction of which is expressly prohibited by law.
5.4 Subject to 5.3, the Company shall indemnify the Customer from and against any and all actions, claims, demands, liabilities, costs and fees, provided that:
5.4.1 Such indemnified claim arises solely and directly out of any inaccuracies or errors in or omissions from information contained in any search results provided by any Data Provider,
5.4.2 The relevant Data Provider’s terms & conditions require the Data Provider to indemnify the customer in respect of any loss or liability the customer suffers as a result of such inaccuracies.
5.4.3 Notwithstanding the requirements of the Data Provider's own terms and conditions, the Data provider fails to indemnify the Customer despite the Customer using all reasonable efforts to obtain the indemnity from the Data Provider.
5.4.4 The Customer uses all reasonable endeavours to mitigate any loss or damage it suffers as a result of the inaccuracies from the information in such Search Results.


6. WARRANTIES
6.1 The Company warrants that the Services will be provided with reasonable skill and care and it is authorised to provide the services in the terms set out in this agreement. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
6.2 The Company does not warrant that the Services will meet the individual Customer requirements Or that any information provided by a Data Provider will be accurate or complete.
6.3 The Customer warrants that it will not allow any third party to use Utilitysearch material, and is authorised to receive the services on the terms set out in this agreement.

7. INTELLECTUAL PROPERTY RIGHTS
7.1 All intellectual property rights to any Utilitysearch Materials and Search Results provided to the Customer by the Company shall at all times remain the property of the Company, the Company's licensors or the relevant Data Provider. The Customer undertakes that it shall not at any time make any copy of any such material or otherwise deal with such materials or disclose the same whether directly or indirectly to any third party accept in accordance with this agreement.
7.2 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
7.3 From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

8. ASSIGNMENT
8.1 The right to be provided with the Services is personal to the Customer and is not transferrable.
8.2 Under no circumstances is access to the Services to be permitted, facilitated or re-sold by the Customer.

9. TERMINATION
9.1 This agreement may be terminated by either party at any time on giving 30 days notice in writing.
9.2 This agreement may be terminated by either party immediately if the other party is in material breach of its obligations.
9.3 Upon termination the Company will continue to provide Search Results paid for before the date of termination.

10. FORCE MAJEURE
10.1 Neither party shall be responsible for delays or failures in performance resulting from Force Majeure.
10.2 The operation of this Agreement shall be suspended during Force Majeure.

11. APPLICABLE LAW
11.1 The construction validity and performance of this Agreement shall be governed by English law and the Customer irrevocably submits to the exclusive jurisdiction of the English Courts.
11.2 Every effort is made to keep the website up and running smoothly. However, Utilitysearch takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.


12. RIGHTS OF THIRD PARTIES

12.1 This Agreement is not intended to, and does not, give any person who is not a party to this Agreement any rights to enforce any provisions contained herein for the purposes of the Contracts (Rights of Third Parties) Act 1999.


Business privacy policy
This privacy policy sets out how Utilitysearch uses and protects any information that you give Utilitysearch (on behalf of the gas and Electricity operators that we work with) when you use this website.
Utilitysearch is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Utilitysearch may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 02.04.12.
What we collect
We may collect the following information:
• name
• business contact information including email address
• other information relevant to customers search request
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional emails about new services, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you or your browser agrees, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
To facilitate browsing on our website, we place an anonymous session ID (“session identifier”) that is associated with each visitor when they start using our website. This session ID allows our server to identify you and/or your computer/browser as the same visitor, even if your IP address has changed. This session ID makes it possible to associate multiple related requests by a user with a single session and keep you logged in between pages. The session ID cookie is only valid until the end of a session. When you close your browser, it is automatically deleted or after 60 minutes of inactivity, whichever is the sooner.
We do not display a cookie consent banner as the Session cookie is the only (strictly necessary) cookie that we use and as such does not require consent per WCAG 2.2. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This will prevent you from taking full advantage of the website as the session cookie is required to keep you logged in between pages.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
We will not sell, distribute or lease your personal information to third parties unless we have your permission, or are required by law to do so. We may also share this information with the supplier providing part of the service in which you have sent in a request for.
You may request details of personal information which we hold about you under the Data Protection Act. If you would like a copy of the information held on you please write to:
UtilitySearch
Mansell House
Aspinall Close
Horwich
Bolton
BL6 6QQ

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.

To contact us, please visit our contact page

 






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