This document sets out the terms and conditions upon which you use the services provided by Willdiffer Ltd and the willdiffer.com website. These terms describe the services we provide to you and set out our rules about acceptable behaviour on the Site.
Please read these terms and conditions carefully and ensure that you understand them. Your acceptance of these terms is deemed to occur upon your first use of the Site. If you do not accept and agree with these terms, you must stop using the Site immediately.
We can summarise the terms like this:
Our Site allows you to compare and switch utilities suppliers. When you switch after using our Site, we receive a commission from your new supplier. We donate 50% of that commission to a charity or charities of your choice. We retain the other 50%.
In providing our services, we will abide by all applicable laws.
Unfortunately, our lawyers don’t like summaries, so here’s the full kit and caboodle.
1.Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account” means an account required to access and/or use certain areas and features of the Site;
“Site” means this website, willdiffer.com;
“User” means a user of the Site; and
“User Content” means all content submitted by users to the Site.
2.Information about us
2.1 The Site is owned and operated by Willdiffer Ltd, a limited company registered in England and Wales under company number 10309571 and whose registered address is 62 Back Street, South Creake, Fakenham, Norfolk, NR21 9PG.
2.2 We are registered with the Information Commissioner as a data processor with registration number ZA219034.
3.Access to willdiffer.com
3.1 Access to our Site is free of charge. No part of the Site requires payment of any kind in order to access or use it. Certain parts of the Site may require an Account to log in and submit User Content. Accounts are free of charge.
3.2 It is your responsibility to make all arrangements necessary in order to access the Site.
3.3 Access to the Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Site (or any part of it) at any time and without notice. We will not be liable to you in any way if the Site (or any part of it) is unavailable at any time and for any period.
4.1 Certain parts of the Site may require an Account in order to access them.
4.2 You may not create an Account if you are under 18 years of age.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We require that you choose a strong password for your Account, consisting of eg a combination of lowercase and uppercase letters, numbers and symbols).
4.5 It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact us immediately. We will not be liable for any unauthorised use of your Account.
4.6 You must not use anyone else’s Account.
4.7 Any personal information provided in your Account will be collected, used and held in accordance with your rights and our legal obligations.
4.8 If you wish to close and delete your Account, you may do so at any time. Deleting your Account will result in the removal of your information and will also remove access to any areas of the Site requiring an Account for access.
4.9 If you close and delete your Account, any User Content you have submitted to the Site will be deleted.
4.10 We reserve the right to temporarily suspend or close your Account and/or restrict your access to the Site in our discretion.
5.Intellectual Property Rights and the Site
5.1 Subject to the licence granted to us under section 6.4, users retain the ownership of copyright and other intellectual property rights subsisting in User Content submitted by them (unless any part of such User Content is owned by a third party who has given their express permission for their material to be used in the User Content). All other content included on the Site (including all user-facing material, and all underlying content such as code, software and databases) and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been licensed by us. All content is protected by applicable intellectual property laws and treaties.
5.2 For personal use only, you may:
5.2.1 access, view and use the Site in a web browser (including any web browsing capability built into other types of software or app);
5.2.2 download the Site (or any part of it) for caching;
5.2.3 print pages from the Site;
5.2.4 download, copy, clip, print, or otherwise save extracts from pages on the Site;
5.2.5 save pages from the Site for later and/or offline viewing; and
5.2.6 view and use User Content in accordance with the permissions set out in section 7.
5.3 You may not use any content (including User Content) downloaded, copied, clipped, printed or otherwise saved from the Site for commercial purposes without first obtaining a licence to do so from us, our licensors or the relevant User, as appropriate.
5.4 You may not systematically copy content from the Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given our express permission to do so.
5.5 Subject to sections 5.2 and 7, you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use content or any other material from the Site unless clearly given express permission to do so.
5.6 Our status as the owner and author of the content on the Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.
6.1 An Account is required if you wish to submit User Content to the Site.
6.2 If you wish to submit User Content to the Site, you agree that you will be solely responsible for that User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that it will not contravene any aspect of our Acceptable Usage Policy detailed in section 8.
6.3 You agree that you will be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given by you under section 6.2. You will be responsible for any loss or damage we suffer as a result of such breach.
6.4 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. By submitting User Content, you grant us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting the Site.
6.5 If you wish to remove your User Content, you may do so.
6.6 We may reject, reclassify or remove any User Content submitted to the Site where that User Content, in our sole opinion, violates our Acceptable Usage Policy or if we receive a complaint from a third party and determine that the User Content in question should be removed as a result.
7.Intellectual Property Rights and User Content
7.1 User Content included on the Site and the copyright and other intellectual property rights subsisting in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content. All User Content is protected by applicable intellectual property laws and treaties.
7.2 Subject to the rights to use our Site set out in section 5.2, Users may not otherwise copy, distribute, publicly perform, publicly display, reproduce, or create derivative works based upon each other’s User Content without first obtaining the express written permission of the User to whom the User Content in question belongs.
7.3 Unless a particular User expressly states otherwise, the identity and ownership status of Users and User Content must always be acknowledged.
8.Acceptable Usage Policy
8.1 You may only use our Site in a manner that is lawful and that complies with the provisions of this section 8. Specifically:
8.1.1 you must ensure that you comply fully with all applicable laws and regulations;
8.1.2 you must not use the Site in any way, or for any purpose, that is unlawful or fraudulent;
8.1.3 you must not use the Site to knowingly send, upload or in any other way transmit data that contains any form of virus or malware, or any other code designed to adversely affect computer hardware, software or data of any kind; and
8.1.4 you must not use the Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
8.2 When submitting User Content or communicating in any other way using the Site, you must not submit, communicate or otherwise do anything that:
8.2.1 is sexually explicit;
8.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
8.2.3 promotes violence;
8.2.4 promotes or assists in any form of unlawful activity;
8.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
8.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
8.2.7 is calculated or otherwise likely to deceive;
8.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
8.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
8.2.10 implies any form of affiliation with us where none exists;
8.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
8.2.12 is in breach of any legal duty owed to a third party (including, but not limited to, contractual duties and duties of confidence).
8.3 We reserve the right to suspend or terminate your Account and/or your access to the Site if you materially breach the provisions of this section 8 or any of the other provisions of these Terms and Conditions. Specifically, we may take one or more of the following actions:
8.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access the Site;
8.3.2 remove any of your User Content which violates this Acceptable Usage Policy;
8.3.3 issue you with a written warning;
8.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
8.3.5 take further legal action against you as appropriate;
8.3.6 disclose such information to law enforcement authorities as required or as we deem necessary; and/or
8.3.7 any other actions that we deem appropriate.
8.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that we may take in response to breaches of these Terms and Conditions.
9.Links to our Site
9.1 You may link to our Site provided that:
9.1.1 you do so in a fair and legal manner;
9.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;
9.1.3 you do not use any logos or trade marks displayed on the Site without our express written permission; and
9.1.4 you do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it.
9.2 Framing or embedding of the Site on other websites is not permitted without our express written permission.
9.3 You may not link to the Site from any other site the content of which contains material that:
9.3.1 is sexually explicit;
9.3.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
9.3.3 promotes violence;
9.3.4 promotes or assists in any form of unlawful activity;
9.3.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
9.3.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
9.3.7 is calculated or is otherwise likely to deceive;
9.3.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
9.3.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
9.3.10 implies any form of affiliation with us where none exists;
9.3.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
9.3.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
10.Links to other sites
Links to other sites may be included on our Site. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
11.1 Our Site enables you to compare and switch utilities providers and nominate a charity or charities to whom you would like us to donate 50% of the commission we receive from the provider when you switch your account to them.
11.2 We have no control over the way in which any charity listed on the Site spends its funds. We therefore do not warrant that your donation will be used for any particular purpose. We will not be responsible to you if you are dissatisfied with the way in which a charity uses your donation.
12.Fees and charges
We charge no fee for our services to either Users or charities. We do, however, receive a small commission from utilities suppliers when a User uses our Site to switch their utilities account(s). We donate 50% of that commission to the charity or charities of the User’s choice and we retain the other 50%.
13.1 While we make reasonable efforts to try to ensure that the information on our Site is complete, accurate and up-to-date, we make no representations, warranties or guarantees (whether express or implied) that such content is complete, accurate or up-to-date and nothing on our Site constitutes advice on which you should rely. Our Site and its content are provided for general information purposes only.
13.2 Insofar as is permitted by law, we make no representation, warranty or guarantee that the Site will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware or that it will be secure.
13.3 We are not responsible for the content or accuracy of, or for any opinions, views or values expressed in, any User Content submitted to the Site. Any such opinions, views or values are those of the relevant User and do not necessarily reflect our opinions, views or values in any way.
14.1 To the fullest extent permissible by law, we accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty or otherwise, arising out of or in connection with the use of (or inability to use) the Site or the use of or reliance upon any content (whether that content is provided by us or whether it is User Content) included on the Site.
14.2 To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Site or any content (including User Content) included on the Site.
14.3 Our Site is intended for non-commercial use only. If you are a commercial user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
14.4 We exercise reasonable skill and care to ensure that the Site is free from viruses and malware. Subject to section 13.2, we accept no liability for any loss or damage resulting from a virus or malware, a distributed denial of service attack or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs because of your use of the Site (including the downloading of any content from it) or any other site referred to on our Site.
14.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
14.6 Notwithstanding the other provision in this section 14, we shall only be liable to you under these Terms and Conditions for losses which are reasonably foreseeable and were caused by our breach of these Terms and Conditions or our negligence.
14.7 Our total liability to you arising under or in connection with these Terms and Conditions, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the charitable donations we have made on your behalf in the preceding 12-month period.
14.8 Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence or for any other forms of liability which cannot be excluded or restricted by law.
15.Viruses, malware and security
15.1 We exercise reasonable skill and care to ensure that the Site is secure and free from viruses and malware. We do not, however, guarantee that the Site is secure or free from viruses or malware and accept no liability in respect of the same.
15.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
15.3 You must not deliberately introduce viruses, malware or any other material which is malicious or technologically harmful either to or via the Site.
15.4 You must not attempt to gain unauthorised access to any part of the Site, the server on which the Site is stored or any other server, computer or database connected to the Site.
15.5 You must not attack the Site by means of a denial of service attack, a distributed denial of service attack or by any other means.
15.6 By breaching the provisions of sections 13.3 to 13.5 you may be committing a criminal offence under the Computer Misuse Act 1990. All such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use the Site will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.
16.Data protection, privacy and cookies
16.2 All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and our obligations under that Act.
17.Communications from us
17.1 If you have an Account, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions and changes to your Account.
17.2 We will never send you marketing emails of any kind without your consent. If you do give such consent, you may opt out at any time. All marketing emails sent by us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 30 days for us to comply with your request. During that time, you may continue to receive emails from us.
18.Changes to these Terms and Conditions
18.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of the Site after the changes have been implemented. You should therefore check this page from time to time.
18.2 If there is any conflict between the current version of these Terms and Conditions and any previous version(s), the most recent provisions shall prevail.
A person who is not a party to these Terms and Conditions has no right to enforce any term of these Terms and Conditions.
To contact us, please email us at firstname.lastname@example.org or via willdiffer.com/contact.
21.Governing law and jurisdiction
21.1 These Terms and Conditions and the relationship between you and us shall be governed by, and construed in accordance with, the law of England and Wales.
21.2 Any disputes concerning these Terms and Conditions, the relationship between you and us or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your address.