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Terms and Conditions
Last Modified
Version: 1.2
Dated: 22nd May 2008
Important Information
These Terms and Conditions relate to your use of the LowerMyBills.co.uk website
(the "Website"). By using the Website you are bound by these Terms and Conditions.
The Website is brought to you by Experian Limited (company number 00653331), trading
as LowerMyBills.co.uk, whose registered office is at Landmark House, Experian Way,
NG2 Business Park, Nottingham NG80 1ZZ, United Kingdom. VAT registration no: GB
145 8990 25.
The word "EXPERIAN", and the square and dots graphical device in respect of Experian
and "LowerMyBills" are trade marks of Experian Limited and/or its associated companies
and may be registered in the EU, USA and other countries. The square and dots graphical
device is a registered Community design in the EU. All rights reserved.
Experian Limited is an Appointed Representative of Motorfile Limited (company number
03009493, whose registered office address is Landmark House, Experian Way, NG2 Business
Park, Nottingham NG80 1ZZ). Motorfile Limited is a company regulated by the Financial
Services Authority (FSA FRN 313967) to conduct the regulated business of introducing
and arranging insurance products and mortgages.
Both Experian Limited and Motorfile Limited are members of the Experian group of
companies. For further information see
www.experiangroup.com.
Definitions
References to "we", "us" and "our" in these Terms and Conditions are to Experian
Limited.
References to "you" or "your" in these Terms and Conditions are to you as a user
of the Website.
"FSA" means the financial services regulatory body known as The Financial Services
Authority of 25 The North Colonnade, Canary Wharf, London, E14 5HS and www.fsa.org.uk.
"FSMA" means the Financial Services and Markets Act 2000, as amended from time to
time, including any conduct of business rules developed by the FSA pursuant such
legislation.
"Our Material" means, content and material (including information, reviews, comment
and opinion) contained in the Website, including the website design, text and graphics,
and their selection and arrangement, and all software compilations, underlying source
code and software and applets.
"Third Party Content" means content and material (including information, reviews,
comment and opinion) belonging to a third party provider of products and services.
"Third Party Website" means Third Party Content provided to you on the websites
of such third party which is linked to or from the Website, or on frames within
the Website.
"Your Data" means information and data you have provided to us on or in connection
with the Website, which may from time to time include Personal Data as defined by
the Data Protection Act 1998 (as amended).
About the Website
The Website is an information portal facilitating your access to information about
third party products and services. The Website contains content which is made available
to you by us (being Our Material) and by third parties (being Third Party Content).
You can make applications for and purchase a number of products and services on
Third Party Websites made available via the Website. Please be aware that such products
and services are not provided by us and are provided by third parties over whom
we have no control.
Use of the Website
Your access to and use of the Website will be subject to these Terms and Conditions.
On accessing the Website, we grant you a limited licence to access and make personal
use of the Website for lawful purposes only and in a manner that does not infringe
our intellectual property rights or those of third parties, and does not restrict
or inhibit the use and enjoyment of the Website by other users.
You warrant that any data you submit to or via the Website is true and accurate
and free from viruses and other harmful code.
If you sign-up to our free alert email service you shall be provided with topical
information or news-bytes from time to time, which might be of interest to you and
we will provide you with the ability to opt out of receiving further emails.
Website Content
Information provided to you using the CompareMyBills function on the website has
been modelled by us using ONS
Expenditure and Food Survey 2006/07 data. This information is modelled from regional
averages and has been adjusted following recent price hikes, and therefore the accuracy
of the information for any individual household cannot be guaranteed.
Any opinion poll information made available on the Website is not intended to reflect
the views or opinions of us or any of our group companies. The poll is based on
information provided to us by users of the Website and does not constitute any kind
of national average.
The Website contains links to other websites, and Third Party Content in respect
of products and services, either directly or indirectly through frames. Where possible,
we will make it clear where such links are being made.
Information about third party products and/or services made available to you on
or in connection with the Website or on a Third Party Website is limited and does
not represent an exhaustive list of all the products and/or services that could
be available to you.
Third Party Content and third party products and services available on the Website
or linked to from the Website are subject to the separate terms and conditions and
privacy policies of the relevant third party which should be made available to you
by the relevant third party on the Third Party Website. You should check that you
agree to the relevant third party’s terms and conditions before making any application
for their products or services. Any arrangements or agreements made between you
and the relevant third party are entered into at your sole risk and expense.
Charges
We do not charge you for using the Website, but please note we may receive commission
and fees from certain third parties who advertise on or are linked to the Website
or as a result of you having purchased products and/or services from a Third Party
Website. All such commission and fees shall be retained in full by us.
In the event that you proceed to purchase a product or service from a third party,
the charges and payment terms will be subject to that third party’s relevant terms
and conditions.
Ownership of Intellectual Property
All intellectual property rights in Our Material belong to us or our licensors.
All intellectual property rights in Third Party Content belong to the relevant third
party or their licensors.
None of Our Material or the Third Party Content contained in this Website may be
reproduced or redistributed without our prior written permission, except that you
may download or print a single copy for your own personal non-commercial use.
Product names, trade marks or service name or marks or company names mentioned on
this Website are the trademarks, service marks, or business names of their respective
owners.
Your Data
You grant us a world-wide, royalty-free, non-terminable licence to store and use
Your Data.
We take your privacy very seriously and aim to comply with the relevant provisions
of UK data protection legislation. We will use any information given to us by you
or collected by us during your use of the Website only in accordance with the terms
and conditions of our Privacy Policy.
Warranties and Disclaimers
Whilst all reasonable skill and care has been taken by us in sourcing and supply
of the information which is made available to you on or in connection with the Website,
we do not warrant that any of the information provided to you on or in connection
with the Website is correct, accurate, complete, error free or up-to-date.
We do warrant that the Website is free from viruses or harmful code.
Nothing provided by us on or in connection with the Website (including but not limited
to our email alerts service) is, or shall be deemed to constitute, financial, legal
or other advice to purchase any product or service. Any and all information provided
by us on or in connection the Website is for general information purposes only.
Any commentary provided by us on or in connection with the Website should not be
relied on by you and does not replace independent professional advice.
We do not endorse or take responsibility for any Third Party Content or any offers,
arranging or advice (including but not limited to the comment, opinions, or recommendations)
provided by third parties. Furthermore, we are not responsible for the availability
of any Third Party Website. You will need to validate the information and check
the details of what is being offered by such third parties for yourself.
We exclude all warranties, conditions, and representations (other than fraudulent
misrepresentations) whether express or implied to the extent that we are legally
permitted to do so.
Liability
We shall not be liable for any loss or damage suffered by you which is or was not
reasonably foreseeable arising out of your use of the Website.
We shall not be liable to you for events beyond our reasonable control.
Nothing in these terms and conditions excludes or limits our liability for death
or personal injury caused by our negligence or for our fraud, or excludes or limits
our duties or any liability under FSMA.
Except as otherwise stated in these Terms and Conditions, our aggregate liability
to you arising out of or in connection with this agreement or your use of the Website
shall not exceed £100.
Complaints
In the unlikely event that you have cause to complain your complaint can be sent
by email to help@lowermybills.co.uk.
If you are unable to settle your complaint to your reasonable satisfaction through
the means stated above, you may refer the matter to the Financial Ombudsman Service
at South Quay Plaza, 183 Marsh Wall, London, E14 9SR.
Ending the Agreement
We may terminate or suspend your access to the Website at any time. Any provisions
that are intended to exist beyond termination shall survive termination.
Changes to these Terms and Conditions
Sometimes, because of changes to the Services, changes in the law or our arrangements
with third parties, we may have to make changes to these Terms and Conditions. Changes
will be indicated at the start of these Conditions by reference to the version and
date on which they were last modified. We will not notify you of any changes in
these Terms and Conditions. It is therefore important that you check these Terms
and Conditions regularly.
General
These Terms and Conditions form the entire agreement between us.
A person who is not a party to these Terms and Conditions has no right to enforce
any term under them.
You may not assign, novate or otherwise transfer all or any of the rights granted
to you under these Terms and Conditions.
You may not link to the Website without our prior written permission.
These Terms and Conditions are governed by English law. In the event of a dispute
arising between us, these Terms and Conditions shall be subject to the exclusive
jurisdiction of the English courts, unless you reside in Scotland, Wales or Northern
Ireland, in which case an action may be brought by you in the courts of the country
in which you reside.
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