Terms and Conditions – essentialmarketing.co.uk

Who we are and how to contact us

The Website is operated by, or on behalf of, essentialmarketing Limited (company number: 03612689) of The Cooperage, 5a Faringdon Rd, Swindon SN1 5AR, UK, United Kingdom (“we” or “our”). We may also operate call centres relating to the Website.

To contact us, please email INFO@essentialmarketing.com.

By using our Website, you accept these Terms of Use

By using our Website or call centre(s), you agree to the following terms and conditions (the “Terms of Use“). If you do not agree to these Terms of Use, you must not use our Website or call centres.

Specific services that we offer, or make available to you, may also be governed by additional or alternative terms and conditions with us, or other third parties.

Our use of any personal data that you provide via the Website will be governed by our privacy policy.

Changes to the Terms of Use

We may change these Terms of Use from time to time, for example to comply with legal requirements or make technical adjustments, so please check them each time you wish to use our Website or call centres. Any changes will be posted on this Website, and we will try to give you reasonable notice of any major changes.

Registering on our Website

You must be 18 years old or over to create an account on this Website (the “Account“), and the details you provide on registration must be true, accurate, complete and current. You must update us with any changes to your account details.

You are responsible for keeping your login details confidential, including where you register using a social account. You agree that any person who has access to your login details is acting on your behalf when using this Website, and you are responsible for anything that person does on the Website using your Account. You shall take reasonable steps to prevent someone else from accessing your Account without your permission, including on any computer or other device that you use to access your Account or through your social account. If you believe someone has, without your permission, accessed your Account, or that your email address or social account has been compromised,

Marketing emails

When you create an Account you may be given the opportunity to opt-in to receive marketing emails from us, our group companies or third parties. You can manage your subscription preferences via the Website or unsubscribe from communications at any time. From time to time, we may also need to send you service emails relating to your Account.

Your responsibilities

This Website and our call centre(s):

allow you to obtain comprehensive information about products and services selected by us from time to time and listed on this Website (respectively, the “Products” and the “Services“);
facilitate a transaction between you and the suppliers of those Products and Services (“Suppliers“); and
are not provided on behalf of any Supplier and we act on your behalf when facilitating a transaction between you and a Supplier.

However, the Website is provided for general information only. By providing our service we are not:

giving you any investment, financial or other advice or recommendations in respect of any Service on which you should rely; or
recommending or endorsing any Supplier or Service.

You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Website.

We shall inform you of any applicable terms and conditions imposed by a Supplier in relation to its Services, and you agree to abide by such terms and conditions.

You also agree that:

we are only providing information regarding Suppliers and their Services, and you are not contracting directly with us for the provision of those Services;
any person to whom you have given access to your login details may enter into a transaction for Services via the Website on your behalf;
you are responsible for making all payments due to any Supplier on the terms agreed with the relevant Supplier for its Services or otherwise, and we shall have no responsibility for payments to any Supplier; and
where a Supplier requires details of your credit or debit card, you shall provide us with such details (where necessary) and we may forward such details to the relevant Supplier.

Content you provide

Any content you submit to this Website or to us, including but not limited to in the course of using our services and completing our customer surveys, (the “Content”) must be provided in accordance with our procedures and must not be illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us.

By submitting Content, you grant us a worldwide, royalty-free, non-exclusive, sub-licensable and fully transferable licence to use, reproduce, display, modify and edit the Content. You waive any moral rights you may have in the Content. You may revoke this licence at any time by contacting us. We will not pay you any fees for the Content and may remove or edit it at any time. You confirm that you have all rights necessary to grant us these rights.

Disclaimer and liability

The Website (including all content on it) is provided by us free of charge on an “as is” and “as available” basis. We do not guarantee that the Website will operate continuously, without interruptions or be fault-free. We may need to make the Website unavailable to carry out maintenance or upgrade work, in which case we will, where practicable, seek to provide reasonable notice. We may also update and change the Website from time to time. We will, where practicable, seek to provide reasonable notice of any major changes.

We will use reasonable care and skill to ensure that information provided to us by the Suppliers in respect of their Services or otherwise is accurate. However, we obtain this information from third parties and we cannot, and do not, provide any representations, guarantees, and/or warranties (express or implied) as to the quality, suitability for any purpose (including your needs), compatibility, reliability, accuracy, completeness or timeliness of information provided by any Supplier and/or accessed or obtained by you via the Website, our call centre(s), or otherwise through using our services. It is your responsibility to evaluate the quality, suitability, accuracy, completeness, timeliness and reliability of this information.

In addition, we make this Website available for United Kingdom (“UK“) residents only and in doing so we are not making any offer or promotion of any services or products to persons not in the UK. We make no representations, guarantees or warranties (express or implied) that the services we offer are available or appropriate for use by those outside the UK.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that it would be unlawful for us to exclude or limit, including any liability under the Financial Services and Markets Act 2000.

If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our failure to comply with these Terms of Use or use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if both you and we knew it might happen.

If you are a business user, we exclude all conditions, warranties, representations or other terms which may apply to this Website or any content on it, whether express or implied, to the extent permitted by law. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable or forewarned to us, arising under or in connection with:

these Terms of Use;
use of, or inability to use, this Website, the call centre(s), and/or our services;
use of or reliance on any content displayed on our Website;
any failure or delay in any component of our Website, the provision by a Supplier of its Services to you or a third party (including, without limitation, where you have a delayed or failed switch from your current energy supplier to a Supplier and/or you are unable to obtain the cashback, voucher, reduced price tariff, or other reward or incentive to which you may have otherwise been entitled from a Supplier were it not for the delay or failure);
any use or reliance of any information, material, software, products or services obtained through the Website, the call centre(s), or otherwise through using the services we provide (including, without limitation, any information, material, software, or Services of any Suppliers); or
any transaction or agreement between you and any Supplier, or attempt to enter into an agreement or transaction with any Supplier,

In particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage (including where such loss is of the type specified above).

Indemnification (for business users only)

If you are a business user, you agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of your use of this Website or through your login details or otherwise, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any other person or entity.

Viruses

We do not guarantee that the Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.

Intellectual property

We are the owner or licensee of intellectual property rights in the Website, information and content available on the Website, any database operated by us, any proprietary software utilised by us to enable you to use this Website (“Software“) and the underlying source code. Much of this information and content is protected by copyright, trade mark, database rights, design rights (including in the “look and feel” and other visual or non-literal elements), and/or other intellectual property rights (whether registered or unregistered). You may not copy or reproduce our logos, trade marks and/or service marks without our prior written consent. All rights are reserved.

We grant you a revocable, non-exclusive, non-transferable licence to use the Software solely in executable form and only to the extent necessary for use of the Website and our services, and for no other purpose.

You must not use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to access the Website for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content in this Website. Any such use of an automated program is prohibited and shall be a breach of these Terms of Use.

You may not reproduce, republish, transmit or distribute any material, information or content on this Website, or that form part of our services, without our prior written consent. However, you may access and use the Website and our services, and retrieve, display and print content pages to the extent necessary for use of the Website and our services only. We may terminate your licence at any time and prevent you from accessing this Website in future.

Third parties

This Website may contain links to third party products, services and/or websites that are not affiliated with us. We have no control over the products, services or websites of these third parties and we do not guarantee or take responsibility for them. This Website may also contain advertising and promotions from third parties. We are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the relevant advertiser. Any third party promotions are the responsibility of the relevant third party to fulfil, and are subject to the terms and conditions of that party which are made available to you. Any links or advertisements or promotions on this Website should not be taken as an endorsement by us of any kind.

Restrictions on use

You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in a way that suggests association, approval or endorsement on our part, if not exists. We may withdraw your permission to link at any time.

You agree not to:

transmit any material designed to interrupt, damage, destroy or limit the functionality of our Website;
use any automated software to view our Website without consent or to access our Website other than manually;
use our Website other than for your own personal use (if you are a consumer) or for your legitimate business use (if you are a business user);
attempt to copy our data our reverse engineer our processes;
use our Website in any manner that is illegal, immoral or harmful to us (including to commit or facilitate the commitment of any fraud against us or any Supplier);
use our Website in breach of any policy or other notice on our Website;
remove or alter any copyright notices that appear on our Website;
publish any material that may encourage a breach of any relevant laws or regulations;
interfere with any other user’s enjoyment of our Website;
transmit materials protected by copyright without the permission of the owner; or
conduct yourself in an offensive or abusive manner whilst using our Website.

We shall be entitled to suspend your use of the Website and/or terminate these Terms of Use immediately if you commit a breach of these Terms of Use, and in particular these restrictions on use, which in our reasonable opinion is serious enough to merit immediate termination.

Financial comparison services

This Website (and any associated call centre(s)) may offer further comparison services for a range of financial Services, including bank accounts, credit cards, loans, travel money, pensions, and investments. In respect of these further comparison services:

you will need to answer a number of questions which cover the full set of questions needed by the relevant underlying Suppliers and any intermediaries they may use. The answers you give to these questions will determine the services which may be made available to you;
you must get permission from any other people whose details you propose to use in requesting a quote, before you provide any of their information. This applies to all information that you provide, but especially sensitive data like health information or criminal proceedings or convictions. In submitting any other person’s details, you are confirming to us that you have their permission to do so, and that they understand how their information will be used;
you should take care to answer all the questions honestly and to the best of your knowledge, as this will help Suppliers make sure the Services are best suited to your needs;
if you are obtaining Services via the Supplier’s website, you must also read the relevant Supplier’s own policy, agreement, and terms and conditions. They are the terms and conditions that you agree to by taking the Services from the relevant Supplier and are separate from our own. It is your responsibility to ensure that the Services match your requirements and that you agree to the terms and conditions of any Service before you apply for it;
we seek to ensure that we accurately pass on the information you have provided for the purpose of providing a comparison, however we stress that it is your responsibility to check that your details are correct on the underlying Supplier’s website; and
we cannot accept liability for errors made by the underlying Supplier or their intermediary or appointed representative, or answer complaints on their behalf. In such an event, we recommend you follow the guidelines provided in the Supplier’s documentation.

These financial comparison Services are provided by essentialmarketing Limited. essentialmarketing Limited is authorised and regulated by the Financial Conduct Authority (FCA) under firm reference number 312850. You can check this on the Financial Services Register by visiting https://register.fca.org.uk/s/. essentialmarketingLimited is a credit broker, not a lender, for consumer credit products.

Other comparison services

This Website (and associated call centre(s)) may offer further comparison services for a range of other Services, including electricity, gas, solar panels, broadband, fixed line and mobile telecommunications, and television. In respect of these further comparison services:

you will need to answer a number of questions which cover the full set of questions needed by the relevant underlying Suppliers and any intermediaries they may use. The answers you give to these questions will determine the services which may be made available to you;
you must get permission from any other people whose details you propose to use in requesting a quote, before you provide any of their information. This applies to all information that you provide, but especially sensitive data like health information or criminal proceedings or convictions. In submitting any other person’s details, you are confirming to us that you have their permission to do so, and that they understand how their information will be used;
you should take care to answer all the questions honestly and to the best of your knowledge, as this will help Suppliers make sure the Services are best suited to your needs;
if you are obtaining Services via the Supplier’s website, you must also read the relevant Supplier’s own policy, agreement, and terms and conditions. They are the terms and conditions that you agree to by taking the Services from the relevant Supplier and are separate from our own. It is your responsibility to ensure that the Services match your requirements and that you agree to the terms and conditions of any Service before you apply for it;
we seek to ensure that we accurately pass on the information you have provided for the purpose of providing a comparison, however we stress that it is your responsibility to check that your details are correct on the underlying Supplier’s website; and
we cannot accept liability for errors made by the underlying Supplier or their intermediary or appointed representative, or answer complaints on their behalf. In such an event, we recommend you follow the guidelines provided in the Supplier’s documentation.

No fees for our comparison services

We will not charge you any fees for using our comparison services or Website.

We may receive commission from a Supplier when you: (a) click through to their website; or (b) purchase Services from them.

Complaints

We aim to provide an excellent standard of service, however if you feel we may have not achieved this please let us know. We take all complaints seriously, and use our best efforts to resolve these as quickly as possible. Please read our complaints procedure available here for more information about how to contact us about your particular complaint.

If you are not satisfied with our response to your complaint you may be able to continue your complaint:

Their contact details are:

Financial Ombudsman Service Exchange Tower Harbour Exchange Square London E14 9SR Tel: 0800 023 4567

If your complaint is regarding a Supplier from which you have obtained a Service or Product and with which we put you in touch, then you should address your complaint direct to that Supplier.

Governing law and jurisdiction

The construction, validity and performance of these Terms of Use, and all non-contractual obligations arising from or connected with them, are governed by English law and the contract between you and us is made in England.

If you are a consumer, you and we both agree that the courts of England and Wales will have exclusive jurisdiction over any claim or matter arising under or in connection with these Terms of Use, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business user, you and we both agree to submit to the exclusive jurisdiction of the English courts over any claim or matter arising under or in connection with these Terms of Use.

As an exception to the above, we may take action to enforce our intellectual property rights in any relevant jurisdiction.

Other important terms

The headings in these Terms of Use are solely used for convenience only.

You may not assign or delegate any or all of your rights or obligations under these Terms of Use. We may assign our rights and obligations under these Terms of Use to another organisation. We will make available relevant information if this happens and we will ensure that the transfer does not affect your rights under these Terms of Use.

Our delay or failure to exercise or enforce any right or provision of these Terms of Use does not mean that we cannot exercise or enforce that right or provision at a later date.

We shall not be responsible for any breach of these Terms of Use caused by circumstances beyond our control.

Nothing in these Terms of Use shall be construed to create a joint venture, partnership, or agency relationship between you and us, and neither you or we 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.

Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.