Your attention is particularly drawn to the provisions of paragraph 5 (Limitation of liability).
Welcome to zellar.com (the Platform) brought to you by Zellar Limited (we, us and our), a company registered in England and Wales with company number 10193629. Our registered office is at Zellar Limited, WeWork, 1 Fore Street Avenue London, EC2Y 9DT
These terms and conditions (Terms) constitute a legally binding contract between you, the user, (you and your) and us. Please take the time to read these Terms carefully as they explain the legal relationship between you and us and will govern your use of the Platform and any services made available through it (Services). By accessing or using the Platform and/or any content, materials or services made available through it you are agreeing to be legally bound by these Terms.
In order to be eligible to use the Services you must be:
- A business that is resident in the UK.
- 18 years or older (if a sole trader).
We reserve the right to change these Terms from time to time at our sole discretion. Your use of the Platform will be subject to the most recent version of the Terms posted on the Platform at the time of such use. We will give you reasonable prior notice if we intend to make any changes to these Terms that may be materially to your detriment before such changes take effect.
If you would like to contact us about the Platform and/or the Services, please do so using the following contact details or by using our chat tool on our website (www.zellar.com):
Zellar Limited, WeWork, 1 Fore Street Avenue London, EC2Y 9DT
- You do not need to register on the Platform in order to browse some sections of the Platform but you will not be able to access all of the features of the Platform unless you register and create an account on the Platform. If you are browsing the Platform and have not yet registered, your use of the Platform will still be subject to these Terms.
- You will need to register on the Platform in order to use the Services. You will need to provide a valid email address. You may also be required to submit additional information (e.g. details about your energy use) as part of the registration process.
- Your account is for your use only and you agree that you will not share your account with any other person. It is your responsibility to keep your password secure. You will be responsible and liable for any actions of any person logging into the Platform using your username and password. You must notify us immediately if you suspect that anyone else knows your password or that anyone has accessed your account without your permission. Unless we have been notified otherwise, we will be entitled to assume that any person logging into the Platform using your username and password is you.
- We may at any time and for any reason refuse to accept a registration from any person.
- When using the Services, you agree to provide accurate information to allow accurate quotations to be obtained, including estimated or actual usage of energy, contract end dates and other known factors that may influence prices and quotations.
- The provision of a quotation by a supplier via the Platform does not constitute an offer to you. Any such quotation will have its own terms and conditions attached, including in relation to the duration of the quotation. It is your responsibility to (i) validate the accuracy of any quotation received from a supplier via the Platform prior to entering into a contract with the supplier; and (ii) to ensure that you have taken all necessary action (including, without limitation, notifying any existing supplier and/or terminating an existing contract with a supplier) to enable a contract to be put in place with a supplier. If you accept a quotation from a supplier (such acceptance will constitute an offer from you) and a contract is executed between you and the supplier, the contract is binding on you and you will not be permitted to revoke your acceptance.
- All offers made by you will be subject to a supplier’s acceptance. Acceptance by a supplier does not guarantee that the contract between you and the supplier will go live. The supplier shall be entitled to refuse to accept your offer of acceptance of their quotation at their sole discretion. In the event that the supplier refuses to accept your offer of acceptance of their quotation, neither the supplier nor we have any obligation to advise you of the reason for such refusal.
- You acknowledge that by entering into a contract with a supplier, you will be contracting directly with that supplier and not with us. You agree that we are not liable in any way in relation to any transactions, dealings or arrangements of any kind made between you and any supplier and that any such transaction, dealing or arrangement (including, without limitation, any payment obligations of yours) is your responsibility and at your sole risk.
3. Access and use of the Platform
- We do not currently charge any fees for registering an account with us. We reserve the right to charge for the Services and/or to impose charges for any additional features and/or functionality on the Platform at any time in our sole discretion upon reasonable notice to you. If you do not agree to such charges, you may opt out of receiving the Services to which you are subscribed.
- You agree not to use the Platform or any information or material made available to you on the Platform, in any improper or unlawful manner or in breach of any rule, regulation, legislation or licence that applies to you.
- Without limiting the foregoing, you agree that when using the Platform you will comply with our acceptable use policy.
- You agree to comply with all reasonable instructions that we may give you regarding your use of the Platform.
- You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Platform.
- You agree that we may suspend access to the Platform temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control and we shall not be liable to you in any way for such suspended access.
- To the fullest extent permitted by applicable law and, except as expressly provided in these Terms, the Platform and all content and Services provided through it are provided on an “as is” basis. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise), in relation to the Platform or any content and Services provided through it including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to the quality, completeness, accuracy or reliability of the Platform and all content and Services provided through it.
- The performance of the Services may be dependent on third parties (including, without limitation, energy suppliers) and we are not able to guarantee or accept any responsibility for any failure or delay caused by such third parties or for any inaccurate, incomplete or unreliable information provided to you by such parties via the Platform.
- We exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed as a result of your use of the Platform. Without limiting the generality of the foregoing, you acknowledge and agree that the provision of pricing information on the Platform is provided by suppliers and not by us. We have no control over, nor accept any responsibility or liability for, any such arrangements or issues you may encounter with suppliers. Any reliance you place on any information made available on the Platform is entirely at your own risk.
- We do not guarantee that the Platform will always be available or error free, that defects will be corrected, or that the Platform or the server that makes it available are or will be always free of viruses or other harmful components.
- We reserve the right to withdraw or discontinue any service at any time at our sole discretion.
- We make no guarantees as to either the quality of the services provided by a supplier or the prices obtained at quotation.
5. Limitation of liability
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS PARAGRAPH
- Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; and/or (c) any other liability which may not be limited or excluded by applicable law.
- Subject to section 5.1 above, you agree that we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use or corruption of software, data or information;
- loss of or damage to goodwill; and
- any indirect or consequential loss.
which arises out of or is in any way connected with: (i) any use of this Platform or the Services; (ii) any failure or delay in the use of any part of the Platform or the Services, including, without limitation, any unavailability of the Platform or the Services, irrespective of the duration of any period of unavailability; (iii) any use of or reliance upon any information, material, or other products or services offered through the Platform; (iv) any delays or failures caused by either you, a proposed supplier or any existing supplier in relation to effecting either a transfer of supply or renewal of supply of services; and (v) any arrangement for the supply of services that you enter into as a result of using the Services.
- Subject to section 5.1 above and without limiting section 5.2 in any way, our total aggregate liability to you under these Terms whether based in contract, tort (including negligence), breach of statutory duty or otherwise shall be limited to £5,000.
- The terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms.
- Nothing in these Terms limits or affects the exclusions and limitations set out in our terms of website use.
- If you suffer a loss in connection with your use of the Platform and/or the Services and any other person (e.g. a supplier) is also liable to you in relation to that loss, the loss recoverable by you from us shall be limited so as to be in proportion, on a just and equitable basis, to our relative contribution to the overall fault of us, you and any other person in respect of the loss in question.
6. Third party sites
- The Platform contains links to other websites operated by third parties that are not under our control. We make no guarantees, warranties or representations whatsoever about any third party websites that you may access through the Platform, or any services that may be provided through such third party websites.
- You agree that we shall not be responsible or in any way liable to you for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on any third party website that you may access via the Platform. If you choose to access any such third party website, you do so entirely at your own risk. In addition, please note that your use of any such third party website may be subject to that third party’s additional terms and conditions.
- We may remove the Platform or cease the provision of any of the Services made available through it, or terminate your membership of the Platform, at any time in our sole discretion for any reason whatsoever.
- We may in our absolute discretion either suspend or terminate any accounts which we deem to be in violation of any of these Terms.
- You may de-activate (either temporarily or permanently) your account with us at any time by notifying us that you wish to do so at the following email address: firstname.lastname@example.org
- Termination of these Terms and/or your account with us, howsoever caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination.
8. Data Protection and Privacy
We will only use any personal information that we may collect about you in accordance with our privacy notice. Our privacy notice is an important part of these Terms and it is important that you read it. By accepting these Terms you also accept and consent to our use of your personal data in accordance with our privacy notice.
- These Terms, our privacy notice and our terms of website use set out the full extent of our obligations and liabilities concerning the Platform and the Services and replace any previous agreements and understandings between us and you.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control.
- Subject to paragraph 5.1, you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms other than for any breach of our express obligations set out in these Terms.
- These Terms do not create or infer any rights that are enforceable by any person who is not party to them.
- You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.
- If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
- If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.
- These Terms, including their subject matter and formation, are governed by English law. You agree that the courts of England and Wales will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.