Terms And Condition

OUR POWER PRIVACY NOTICE AND TERMS OF USE

The privacy notice and terms of use were most recently updated on 6.1.2016

Privacy Notice

We are committed to the operation of fair processes in relation to the personal information you provide Us. This privacy policy sets out how we will and will not use the personal information you provide us with.

Information collection

When you use Our services, you submit your personal information to the companies with Our Power Energy Supply Ltd. We will treat all information submitted by you in accordance with the terms of this privacy policy (as updated and amended from time to time) and in strict compliance with all Data Protection legislation.

By entering Your personal information into Our web site, You agree that we may retain Your information (including your banking details if you make a payment) and it may be held by companies with Our Power Energy Supply Ltd group or by any third party company that processes it on Our behalf.

This information is held securely, and is used solely to allow You to use Our service.

What information We collect and why

When You use our service to make payments, there are different ways in which We gather information about You:

• When You register with Us, We ask for information such as: Your name; email address; payment card address; contact details; energy reference account number; and, if You make a payment, Your payment card details. We keep a record of this information. All of this information is necessary for us to recognise You as a registered customer and to ensure that your payment is applied to your Our Power Energy Supply Ltd reference account number. Storing this information means that You do not need to re-enter the details each time you make a payment

• We keep a record of the payments that you make using Our services.

How We use Your personal information

You agree that We are able to use Your personal information to:

• Update Your customer records;

• Contact You regarding Your energy reference account number;

• Monitor and improve Our services;

• Enable third parties to carry out technical and other functions on Our behalf;

• Provide You with information about the products and services that We offer;

• Prevent and detect fraud or abuses of Our services;

• Allow us to comply with any requirements imposed on Us by law or court order.

We shall not use Your personal information for marketing purposes, nor shall We pass Your personal information to nor sell it to third parties for marketing purposes.

When We share Your personal information

Our customer information is an important part of Our business and We do not sell or rent Your information to anyone else to send You direct marketing unless You agree otherwise. However, there are circumstances when it is necessary for Us to share personal information in order for Us to allow You to use the service.

We maintain security procedures and safeguards so that Your information remains secure whenever We use or share it.

1. Third party service providers

We employ other companies and individuals to perform functions on Our behalf who assist Us in providing the service to You. In these instances, We provide them with only the information they need to perform their function.

2. Business transfer

If Our company is ever sold or its assets are purchased by another company, it would typically be part of such a transaction for customer information to form part of the business assets being transferred, but the information will remain subject to the obligations as outlined in this privacy policy.

3. Research companies

To outside research companies whom We may ask to contact You directly for Your opinions on Our products and services (in which case We will provide them with only the information they need to perform their function).

4. Protection

We release account and other personal information when We believe release is appropriate to comply with the law, to enforce our terms and condition and other agreements or to protect the rights, property or safety of Our Power Energy Supply Ltd, Our customers or others.

5. With Your consent

Other than as set out above, You will receive notice when information about You may be sent to a third party and You will have an opportunity to choose not to share the information.

Security and data retention

Security is very important to Us and we use sophisticated technology to ensure that Your information is protected at all times. The payment website and mobile app secure Your personal information using Secure Socket Layer (“SSL”) encryption technology, which is used for protection of information for any sensitive transactions such as credit and debit card payments.

Additional security procedures are in place to protect the confidentiality and integrity of Your personal information.

We reveal only the last four digits of Your credit/debit card number when confirming Your payment. We also display the last four digits of Your credit/debit card, the expiry date and card type on Your receipt. We will, of course, securely transmit the entire credit/debit card number to the appropriate credit/debit card company/bank during payment processing.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that We may occasionally request proof of identity before We disclose personal information to You.

It is important for You to protect against unauthorised access to Your password and to Your computer. Please refer to the Terms of Use for full details of Your obligations when using Our service.

Identity fraud

Fraudsters create authentic looking but false or “spoof” websites. Their purpose is to tempt users to enter personal information which will be used to try and access Your bank accounts. Fraudsters are increasingly turning to email to generate traffic to these website and recently customers of several financial institutions have received such emails and this type of activity is only likely to increase. Such emails typically contain a link to a spoof website and instructions for the account holder to enter their user name and password so that security details can be updated and passwords changed.

Data over the internet

The internet is a global network, therefore there are occasions when Your data travels internationally, which may include places outside of the European Union. We want You to know that if you make payments through our service (either as registered or unregistered user), You are agreeing to and authorising Us to process Your data in this way.

Updates

You may change Your personal information retained by Us at any time by accessing Your user profile on the payment website and mobile app.

We may change the terms of this Privacy Policy from time to time and You should check it regularly. Your use of the services will, at all times, be subject to the Privacy Policy applicable at the time of each use.

Further information

If You have questions about Your personal information or Our Privacy Policy, please contact us at Customerservice@our-power.co.uk. To see all the information we have about You and to correct any inaccuracies, write to:

Our Power Energy Supply Ltd, Hays Business Centre, 4 Hay Avenue, Edinburgh. EH16 4AQ

Terms of Use

1. Definitions

‘You’ or ‘Your’ means, You as the individual, sole trader, partnership or limited liability company using Our service.

‘Us’ , ‘Our’ or ‘We’ means Our Power Energy Supply Ltd

‘Security Information’ means: (a) the User ID; (b) the password which You will choose when you set up Your account; and (c) any other security processes to which We notify to You from time to time

2. Security Information

It is Your responsibility to ensure Your Security Information remains secret. You must take all reasonable precautions to prevent unauthorised or fraudulent use. This includes, but is not limited to:

2.1. Choosing a password when first registering for the service

2.2. Never telling anyone else Your security information, including [Client Name] Staff

2.3. Never writing Your security information down or keeping a record of Your Security Information

2.4. Changing Your password regularly

2.5. Changing Your password if You know or suspect that someone else knows Your password;

2.6. You must notify Us immediately if You become aware of any error or suspected error in the service or in any transaction resulting from Your use of the service.

3. Provision of the Service

3.1 By using the service You accept these Terms of Use and agree to abide by them.

3.2 You are also responsible for ensuring that all persons who access Our site through Your internet connection are aware of these terms of use and other applicable terms and conditions in relation to the service, and that they comply with them.

3.3 Our site is available to Our Customers.

3.4 You are responsible for making all arrangements necessary for You to have access to Our site.

3.5 You are responsible for obtaining and maintaining your own compatible computer systems or mobile devices, including: all equipment; software; and communication lines which require You to properly access the service. [Client Name] holds no responsibility or liability with respect to Your inability to access the services as a result of You failing to obtain and maintain your own compatible computer systems or mobile devices, including: all equipment; software; and communication lines.

3.6 You are responsible for all telecommunication charges and other charges incurred by You in gaining access to and using the service.

3.7 We will not be liable to You if changes to the service:

3.7.1 Affect Your equipment;

3.7.2 Require modification or alteration to Your equipment; or

3.7.3 Otherwise affect the performance of Your equipment.

3.8 The service may be altered and/or updated from time to time

3.9 We may change the terms of these Terms of Use, the Privacy Notice and any other terms and conditions that are pertinent to the service from time to time and You should check them regularly. Your use of the services will, at all times, be subject to these Terms of Use and the Privacy Notice applicable at the time of each use.

3.10 We do not guarantee that the website, or any content on it, will be free from errors or omissions or that the service will always be available and/or uninterrupted.

3.11 You are solely responsible for ‘virus checking’ all information sent to You by Us and are expected to use anti-virus software on Your equipment. We shall not be liable for any corrupted or infected information sent to You in Your use of the service.

3.12 The service is provided to You subject to the condition that there is no abuse or fraudulent use of this service, this includes but is not limited to:

3.12.1 Attempting to, or actually obtaining, accessing, altering, de-compiling, reverse engineering or destroying the data files, programs, procedures and/ or information of Our Power Energy Supply Ltd or another customer of Our Power Energy Supply Ltd

3.12.2 Assisting another to perform the acts as specified in clause 3.6.1

3.12.3 You shall not share Your password and/or account with another customer for Our Power Energy Supply Ltd, nor may You use the password and/or account of another customer of Our Power Energy Supply Ltd

3.13 Technical problems (e.g. failures or interruptions) may prevent the payment services being provided. We will take reasonable steps to overcome any failure, interruption, fault, deficiency or the like. For the avoidance of doubt, We will not be responsible for failures or interruptions that are outside of Our control nor will We be responsible for any losses or charges incurred by You as a result of any failure, interruption, deficiency or the like in the services.

3.14 We may suspend, withdraw, discontinue or change all or any part of Our site without notice. We will not be liable to You if for any reason Our site is unavailable at any time or for any period.

3.15 Viruses

3.15.1 While we take precautions in accordance with good industry practice, we do not guarantee that our site will be secure or free from bugs or viruses.

3.15.2 You must use anti-virus protection software on Your equipment.

3.15.3 You must not misuse our site 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 our site, the server on which Our site is stored or any server, computer or database connected to our site.

3.16 Linking to Our site

3.16.1 You may bookmark our home page, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.

3.16.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.

3.16.3 Our site must not be framed on any other site, nor may You create a link to any part of our site.

3.17 Third party links and resources on Our site

3.17.1 Where Our site contains links to other sites and resources provided by third parties, these links are provided for Your information only.

3.17.2 We have no control over the contents of those third party sites or resources.

3.18 IP address

We may collect information about Your device, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our actual or potential partners or suppliers. This is statistical data about Our users' browsing actions and patterns, and does not identify any individual.

3.19 Cookies

Our website and mobile app use cookies to distinguish You from other users of Our website. This helps us to provide You with a good experience when You browse our website and use the mobile app and also allows us to improve Our site.

3.20 We reserve the right to discontinue Your use of the Service in the event that it is found that You have been using the services contrary to any part of these Terms of Use.

4. Intellectual property rights

4.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2 You may print off one copy, and may download extracts, of any page(s) from Our site for Your personal use only.

5. Limitation of our liability

5.1 To the extent permitted by law, 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 site or to your downloading of any content on it, or on any website linked to it.

5.2 We will not be liable whether in contract, tort, under statute or otherwise (including in each case negligence) for any of the following type of losses or damages arising under or in relation to the payment service whether or not it was advised in advance of the possibility of such loss or damage:

5.2.1 special, indirect or consequential loss or damage whatsoever; or

5.2.2 any loss of profits, business contracts, anticipated savings, goodwill or revenue (whether direct or indirect).

5.3 We accept no liability for any loss or costs You incur as a result of You providing Us with, or inputting the incorrect or inaccurate information required for use of the services (e.g. energy reference account number provided) or for using the services incorrectly or contrary to these terms of use.

6. Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and We both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, 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, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.