Carphone Warehouse 2018 Tariff Rebate Scheme Terms & Conditions
- This offer is operated by The Carphone Warehouse Ltd. (company number 2142673). Our registered office address is 1 Portal Way, London W3 6RS. We are part of the Dixons Carphone group of companies.
- This offer is open to everyone who is at least 18 years of age when redeeming the offer and resident in England, Scotland or Wales.
- The Up to £100 cashback promotion is applicable when you purchase any Postpay contract, Sim free handset or Sim only contract, excluding Accessories and prepay sims, and switch your TV and/or broadband, gas and/or electricity supplier. The product must be purchased by you in a Carphone Warehouse store, or on Carphonewarehouse.com between 11/04/2018 and 08/05/2018 (inclusive). Any product bought before or after these dates is not eligible for the cashback offer. Only one cash back may be claimed for each successful energy and/or TV/broadband switch under this offer.
- A) The cashback is dependent on you successfully switching your electricity supplier (if you do not have mains gas) and/or your gas supplier (if you have mains gas) to any tariff on Energy Saver and comply with the Supplier terms and conditions of supply. The cashback offer is available on the www.energysaver.shop website, the Energy Saver iOS and Android app and the Energy Saver contact centre between 11/04/2018 and 08/05/2018 (inclusive). You must apply to switch before midnight on 08/05/2018. You will receive £50 rebate if you switch both electricity and gas or £25 if you switch your electricity supply only or your gas supply only.B) The cashback is dependent on you successfully switching your broadband supplier and/or TV supplier. The £50 cashback is available when you purchase your TV and/or broadband deal with any Postpay contract, Sim Free handset or Sim only contract in store between 11/04/2018 and 08/05/2018 (inclusive).
- You will not be eligible for the cashback if you have bought and then returned the Postpay contract, Sim Free handset or Sim only contract to us, if you have cancelled the energy and/or TV/broadband switch or if either switch fails, for any reason outside of our or the energy/broadband/TV suppliers’ control.
- You must provide a valid email address to participate.
- To claim your cashback, you need to email us the proof of purchase of the qualifying product to email@example.com within 30 days. Please retain your sales receipt.
- We will verify your cashback claim within 30 days of receipt. We will send you an email if we have questions about your claim.
- A valid cashback claim will be paid by BACS transfer between 60 and 90 days (note that each cashback might appear at independent times) of the claim having been submitted and verified. Payment will be made to the bank account you used to create the Direct Debit payment for your new energy/broadband supplier. We will ask you for bank account details if you have not provided these to us as part of the energy and/or broadband switch application.
- The Carphone Warehouse Ltd. reserve the right to amend the Cashback Scheme, including ending the Scheme early. Any withdrawal will not take effect retrospectively and we will honour any redemptions for 30 days after withdrawal in accordance with paragraph 9 above.
ENERGY SAVER (ES) End-User License Agreement
The following is the End-User License Agreement (“Agreement”) for the ES mobile phone application and website. Please read this document carefully before you use the ES mobile phone application or website.
By using the ES website or mobile phone application you accept this Agreement. If you do not accept the Agreement you must not use the ES mobile phone application or website.
- This Agreement is made between you the customer ("Customer") and The Carphone Warehouse Ltd, Company Nr 2142673 registered in England and Wales at 1 Portal Way, London W3 6RS ("ES"), with a business address of 1 Portal Way, London W3 6RS.
- ES (referred to in this document as "Us", "We" or "Carphone Warehouse") is a mobile phone application and website that lets you (the Customer) register your domestic energy supply details, alerts you to alternative energy offers by mobile phone and email alert and lets you switch to the Supplier of these offers. ES is owned and run by Carphone Warehouse.
In this Agreement, unless the context otherwise requires:
"Alert" means the service that the Customer may register for on the ES website or mobile phone application which is designed to notify the Customer about, amongst other things, Supplier services, products and/or goods;
"Internet" means the global data network comprising interconnected networks using the TCP/IP ("Transmission Control Protocol/Internet Protocol");
"Law" means any law, statute or regulation, guideline or code of conduct (whether or not having the force of law) in any jurisdiction to which ES or the Customer is from time to time subject;
"Service" means the service provided by ES via the ES mobile phone application whereby the Customer may obtain information on the Suppliers and the services and products they offer and, potentially transact with the Suppliers for the provision of those services and/or products;
"Software" means any proprietary software utilised by ES to enable the Customer to use the Service;
"Supplier" means any Supplier of services, products and/or goods selected by ES from time to time and who is listed on the ES website or mobile phone application.
- ES reserves the right to amend this Agreement at any time. All amendments to the Agreement will be posted on-line. If you are using the mobile phone application you will be notified to changes in the Agreement after downloading a new version of the application.
- Your continued use of the Service or the ES website or mobile phone application means that you have accepted any change in the Agreement.
2. CUSTOMER'S OBLIGATIONS
- The Customer shall not do anything that affects the integrity or security of ES or causes or may cause harm, damage or unreasonable inconvenience to other users of ES.
- The Customer must use ES for legitimate personal use only. Any other use, including but not limited to, use by Supplier representatives for reasons other than their legitimate personal use and which are not expressly authorised by ES, shall constitute a breach of this End User License Agreement.
- The Customer acknowledges that the Customer will be required to fully and accurately complete a registration process, which will include amongst other things the creation of a password, in order to have access to ES and utilise the Alerts function.
- The Customer shall be responsible for transmitting all payments due to Suppliers on the terms agreed with the relevant Supplier for the supply of energy to their property and ES shall have no responsibility for transmission of payments to a Supplier.
- The Customer acknowledges that the purpose of the ES mobile app is to receive up-to-date information Alerts about energy Suppliers and their offers and to facilitate switching transactions. It is a condition of use of this Service that the Customer provides ES with correct Customer contact details, including an email address that is valid and accessible to the Customer and a phone number which belongs to the Customer.
- It is the Customer’s responsibility to ensure that they are using the latest version of the ES mobile phone application in order to avail themselves of the latest security standards and functionality enhancements.
- Energy Suppliers will require details of the Customer’s current energy supply and personal information (including name, supply address, contact information, identifying information and bank details) in order to process a switching transaction and the Customer hereby authorises ES to forward this information as part of a Customer’s switching transaction.
- The Customer confirms that all information provided on registration and during the course of this Agreement is true, complete and accurate and that the Customer shall promptly inform ES of any changes to such information by logging into the mobile phone application or website and providing the relevant updates.
- The Customer confirms that all information provided by the Customer about person(s) other than the Customer is authorised to be disclosed by said person(s) and that the Customer is authorized to act on behalf of said person(s) for the purposes of transacting via ES.
- Any password allocated to or created by the Customer to enable the Customer to use ES shall be kept confidential by the Customer and the Customer shall immediately change their password if they have reason to believe that an unauthorised third party has become aware of that password.
- The Customer shall take reasonable steps to prevent unauthorised access to their account via any device the Customer uses to access their ES account.
- The Customer warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
- The Customer acknowledges and agrees that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon the Customer’s acceptance of the Agreement Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against the Customer as a third party beneficiary thereof.
- The Customer acknowledges that the Agreement is concluded between ES and the Customer only, and not with Apple, and that Apple is not responsible for the ES mobile phone application and its content.
3. ES RESPONSIBILITIES
- ES is solely responsible for the maintenance and support services with respect to its services. Apple is not responsible for the maintenance and support of the ES mobile phone application.
- ES will use reasonable endeavours to provide the Service and Alerts and to facilitate switching transactions. ES is entitled to rely on the accuracy and timeliness of Energy Supplier data in providing the Service. ES is not responsible for any losses which may occur as a result of using ES.
- ES will use reasonable endeavours to notify Customers of relevant security and functionality enhancements to the ES mobile phone application.
- ES is solely responsible for any product warranties to the extent not effectively disclaimed under Section 7. Should the mobile application not conform to any applicable warranty you may notify Apple and Apple will refund the purchase price for the ES mobile phone application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the ES application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ES’s sole responsibility.
- ES is solely responsible for the investigation, settlement and discharge of any third party intellectual property infringement claim. Apple is not responsible for the investigation, settlement and discharge of any third party intellectual property infringement claim.
- ES acknowledges and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the Customer as a third party beneficiary thereof.
- ES acknowledges that the Agreement is concluded between ES and the Customer only, and not with Apple, and that ES, not Apple, are solely responsible for the ES Licensed Application and the content thereof.
4. INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the "look and feel" and other visual or nonliteral elements) whether registered or unregistered) in the ES website or mobile phone application, information and content on the ES website or mobile phone application, any database operated by ES and Software shall remain the property of ES and the Customer shall not obtain, and shall not attempt to obtain any title to any such intellectual property rights.
- No part of the Service may be reproduced in any form or used in any other way except in accordance with the Agreement.
- ES and the ES logo are registered trademarks of Carphone Warehouse. You must not use these or any other registered or unregistered trade marks on the Service without the prior written permission of ES.
- ES grants the Customer a non-exclusive non-transferable license to use the Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose.
ES shall be entitled to suspend the Services and/or terminate this Agreement if:
- the Customer commits a breach which in ES’s reasonable opinion is serious enough to merit immediate termination; or
- the Customer commits any breach of the Agreement and in the case of a breach which is capable of remedy, fails to remedy the same within 7 days after receipt of a notice giving particulars of the breach requiring it to be remedied; or
- ES suspects on reasonable grounds that the Customer may have committed or be committing any fraud against ES or any Supplier.
- The right to terminate this Agreement shall not prejudice any other right or remedy of ES in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
6. CUSTOMER BREACH
- The Customer shall compensate ES in full for each loss, liability or cost incurred by ES arising out of any claims or legal proceedings arising from the Customer's use of the Services or use of the Services through the Customer's password which are brought or threatened against ES by any other person.
- The terms of Agreement shall not prejudice any other right or remedy of ES in respect of any breach or any rights, obligations or liabilities accrued prior to termination. ES reserves the right to take action as appropriate, including denying Customer access to this website or mobile phone application, bringing legal proceedings against Customer and disclosing such information to appropriate legal and/or regulatory bodies.
7. LIMITATION OF LIABILITY
- Nothing in this Agreement limits or excludes the liability of ES for death or personal injury caused by ES's negligence or any other liability which may not be limited or excluded under applicable law.
- ES will use its reasonable endeavours to ensure that information provided to it by Energy Suppliers is accurate but ES does not guarantee the accuracy, completeness, legality or suitability for the Customer's needs of any information which is provided to the Customer by any Supplier and/or is accessed or obtained by the Customer via the ES website or mobile phone application, the ES call centre or otherwise through using the Service. ES is not responsible for any losses which may occur as a result of using ES.
You agree that ES will not be liable for any loss, claim or damage which arises out of or is in any way connected with:
- any use of the Service, or its contents;
- any failure or delay in any component of the ES mobile phone application, the provision of the Service, the provision of Alerts or the provision by any Supplier of its goods, products or services to the Customer (including, without limitation, where the Customer has a delayed or failed switch from its current energy Supplier to a Supplier and/or the Customer is unable to obtain the cashback, voucher, reduced price tariff or other reward or incentive which he or she may have otherwise been entitled to from a Supplier were it not for the failure or delay);
- any use of or reliance upon any information, material, software, products or services obtained through using the Service (including, without limitation, any information, material, software, products or services of any Suppliers); or
- any transaction or agreement between the Customer and any Supplier or any attempt to enter into a transaction or an agreement with any Supplier, in all cases even if ES has been forewarned of the possibility of such loss or damage.
8. DATA PROTECTION
9. NO PARTNERSHIP / AGENCY
- Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between the Customer and ES and neither party 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.
- The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. ES shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity to the extent that doing so is not detrimental to the Customer’s consumer rights.
11. FORCE MAJEURE
- ES shall not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including without limitation by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
12. GOVERNING LAW
- This Agreement shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.
13. COMPLAINTS PROCEDURE
If your complaint is regarding an Energy Supplier service that you have transacted via this mobile phone application, then you should complain directly to the relevant Supplier for supplying the product or service about which you wish to complain.
ES is not authorised to address complaints on behalf of an Energy Supplier or accept responsibility for any such complaints. We recommend that you visit the website of the product or service provider and follow their complaints procedure if you wish to make a complaint against them.
What to do if you have a complaint against ES?
ES aims to provide a high level service to all our customers but occasionally things can go wrong. When this happens we will do what we can to put things right and assist you.
If you have a complaint about our service, please contact us through the ‘Chat with us’ section on the ES mobile phone application or email us at firstname.lastname@example.org.
Please include your name and address, a contact telephone number, your quote number and details of why you are unhappy. This will help us to respond to you as quickly as possible. If we do not have enough information to investigate your complaint we will try and contact you to ask for further details.
If we are unable to resolve your complaint by the close of business the next working day, we will send a written acknowledgement of your complaint to you within 5 working days of its receipt.
For the purposes of handling complaints our working day is 9am to 5pm Monday to Friday, excluding Bank Holidays.
By the end of eight weeks after receipt of your original complaint letter we will send you a final response or a letter explaining why we are still not in a position to issue a final response and advising you of when we expect to be able to do so.
1. Who is the data controller?
For the purposes of the Data Protection Act 1998 the Data Controller is DixonsCarphone PLC, company number 0214673 of 1 Portal Way, London W3 6RS.
2. Your rights
We comply with and are registered under the data protection laws in the United Kingdom and take all reasonable steps to prevent any unauthorised access to your personal data.
You can see all the information we hold about you when you log into ES user account. It is your responsibility to change any information that is incorrect, out of date or no longer relevant to you.
You are entitled to see details of the information we hold about you. If any of the information held is inaccurate we will also make any necessary amendments and confirm to you that these have been made.
To do this, or to ask us us to remove personal information from our records please contact us through the ‘Chat with us’ section on the ES mobile phone application or email us at email@example.com.
3. How will we use your data?
We will use your data for the following purposes:-
To provide you with tariff information alerts and quotes.
We will use the information provided to us by you to search the tariff information provided to us by energy Suppliers, to generate energy savings alerts and send these to you by mobile phone alert and/or email and to allow you to switch energy Supplier(s) at your property(ies).
We will also use your information when asked by an energy Supplier partner to help resolve a complaint or query that involves you.
To provide you with information about your energy usage.
We will include your information in statistical energy usage information to help you and other users of this service compare their personal energy usage against that of people in the same area and beyond. Any such information will be strictly anonymised. We may in future choose to write and publish research reports using this anonymous data.
We will use your information to provide you with a record of your transactions on our service, including your quote history and related activity. This information is collected and provided in order to help you keep track of your energy usage and expenditure and is not available to anyone else. We will not share this information with anyone.
To make your customer experience better.
We track how you use the mobile phone application and record which pages you use. For example, we record how long to stay on a page, the order of the pages that you access and where you exit the application. We do this to understand where we need to make improvements, present information better, and remove or add content.
All tracking information is strictly anonymized and is not used to identify you personally. We may in future choose to write and publish research reports using this anonymous data.
To contact you when we need to or when we want to tell you something about your supply.
We may occasionally need to use your information to call you or contact you in another way if we have an important message or question. This could be:
When we find that somebody else is trying to register your property on our service
When we think you may have moved out of the property you registered on our service
When we want to alert you about a special energy-related service that may be of benefit to you, such as an collective purchasing energy auction scheme that may suit your particular energy profile
When we want to tell you about products and services by the DixonsCarphone PLC group of companies that we think you may be interested in
When we suspect fraud
When we need to collect information on the request of an energy Supplier and/ or the energy markets regulator Ofgem and without which we cannot continue providing the service
When there is a problem with an application of yours to switch energy Supplier and we need to talk to you in order to resolve the problem
To send it to energy suppliers that you want to switch to.
Some energy suppliers will carry out checks with credit reference and fraud prevention agencies in order to process a switch application. The suppliers do not make these checks because you are using our service, and may make them if you submit an application to switch via any other source. These checks may include electoral roll and credit information.
Suppliers also pass data they hold on you to your previous energy Supplier(s) and other relevant industry bodies in order to take over your supply. Suppliers may also pass your details onto loyalty schemes as appropriate to the energy tariff you are switching to.
4. How long will we keep your data?
If you have not actively used our service for the last three years we will automatically deactivate your account. You will be notified of the deactivation and you will be able to reactivate your account should you wish to continue using our service. Unless you instruct us to permanently delete your information we keep records pertaining to our business, including the Supplier transactions you have made, so that we can service your account appropriately and to satisfy other business and legal obligations and needs that we have. Please refer to Section 7 for our rules on the permanent deletion of customer accounts.
5. What happens to your data when you deactivate an account or remove a property?
If you deactivate your account we will stop sending you alerts for all properties registered through your account. We will retain your information and we will continue to use any information that you have shared with us for statistical analysis purposes. We will also send your information to a Supplier that you have switched to in the past, if we are specifically requested to help in a billing dispute or similar customer service issue, as we are required to do. You will be able to reactivate your account by logging in and following the advised reactivation steps.
If you remove a property from your account, which you need to do if you move out of that property or are no longer responsible for the energy bills, we will stop sending alerts for that property and you will no longer be able to switch energy Supplier for that property. We will keep a record of that property in your account history for you to view and on our systems. We will also send your information to a Supplier if you have switched this property in the past and if we are specifically requested to help in a billing dispute or similar customer service issue. We will continue to send alerts for any other properties you may have registered and your account will continue to function as normal.
6. What happens to your data if you die?
It is our policy to completely deactivate the user account of a notified deceased person. This means that we will stop sending out any communications, including alerts, to the account. When we are notified of a deceased customer account close request, ES researches the request and permanently deactivates the deceased person's account. However, like most businesses, we keep records pertaining to our business so that we can satisfy other business and legal obligations that we have. Because of these requirements we cannot delete account information from our system until our business need for the information has expired after three years.
7. Permanent deletion of customer data
If you or us have deactivated your account you can request to permanently delete your account and all personal information we store UNLESS you have used our service to switch energy Supplier in the last three years in which case we need to retain your information in order to satisfy our business and legal requirements. Note that the deletion of an account is permanent with no option for recovery.
8. Where is my data stored and how is it sent to my computer or mobile device?
All personal information is held on our secure servers, which are located on mainland Great Britain. By logging into your account you access this information and it is downloaded in an encrypted format to the mobile phone or the website. When you end a user session on ES by closing the browser window on your computer or by closing the mobile phone application all personal information will only become accessible after logging in again. Note that some web browsers have features to keep information entered in forms in memory. If you are concerned about such features we advise you to regularly delete your browsing history, to disable the automatic form filling feature offered by some browsers and to log out of the mobile phone application by tapping the ‘Log out’ button on the Menu. Please refer to your browser’s Help facility for more information.
9. Third party websites